🌍 Children, inheritance & global · #205

A custody order was made some years ago, but things have changed. Can it be varied?

Yes, if there is a material change in circumstances or the original order rested on wrong information. Act 303 s.75 lets the court, on the application of any interested person, at any time vary or rescind an order for the custody or maintenance of a child, if it is satisfied the order was based on a misrepresentation or mistake of fact, or there has been a material change in circumstances. Examples are the carer moving far away, falling seriously ill, remarrying, or the child now being discerning (mumaiyiz) with a choice of their own. Gather evidence of the change and file an application to vary in the Syariah court. See Hadhanah & lineage.

Sources

Act 303, s.75

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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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