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🌍 Children, inheritance & global · #52

I have custody of the children and want to move or travel abroad with them. Do I need my former husband's permission?

For a temporary trip, get your former husband's written consent as a safeguard; to move permanently, seek the court's permission, because the court can restrain a child being taken out of Malaysia.
Act 303 s.105 empowers the court to restrain a child being taken out of Malaysia, and s.83(c) states that moving so as to prevent the father supervising the child can affect custody. Allah forbids that parents be harmed on account of their child (al-Baqarah 2:233), and the child's bond with the father should be preserved. Steps: check the existing custody order; discuss and write down the agreement, including the return date and means of contact; if he refuses without reason, apply to the court. A child's passport may also require both parents' consent. See Custody & lineage.

Sources

Act 303, s.105Act 303, s.83Surah al-Baqarah 2:233
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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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