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🌍 Children, inheritance & global · #116

My ex-husband refuses to pay child maintenance unless I let him take the children overnight. Is he right?

No; child maintenance and visitation rights are two separate matters, and neither may be held hostage for the other. Children still need to eat and go to school whatever the adults' dispute. At the same time, ask yourself honestly whether his request is reasonable. Children are also entitled to quality time with their father. If you have a real concern about overnight stays, state it clearly. Suggest an alternative, for example daytime visits first. If there is no agreement, ask the Syariah Court to set the visiting schedule and maintenance (nafkah) in writing. See enforcing maintenance.
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Related questions

My ex-husband says he cannot afford child maintenance because he now has a new family. Is that a valid excuse?A new family does not cancel his responsibility towards the children of his earlier marriage. Each of his children is enti…My ex-husband says I am not fit to have custody of our children because I work. Is that true?Working does not by itself cancel a mother’s right of custody (hadhanah). What is assessed is whether the child is well c…Can I stop my ex-husband from seeing our children because he is late paying maintenance?A child’s right to see his father and the father’s duty to provide maintenance (nafkah) are two separate matters, and one …My income is higher than my ex-husband's. Is he still obliged to pay child maintenance?Yes; child maintenance (nafkah) remains the father’s duty according to his means, even if the mother earns more. Allah says:…I pay child maintenance, but I feel unappreciated and am often prevented from seeing my children. How do I stay sincere?Keep paying maintenance as an act of worship and a trust towards your children, while claiming your visitation rights through …I have been paying all our child's expenses so far. Can I claim them back from my ex-husband?If there is already a maintenance order, arrears under that order can be claimed; if there is none yet, the position is more co…
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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