🌍 Children, inheritance & global · #200

After divorce I want to move back to my home town with my child. Does this affect my right of hadhanah?

Moving to your own birthplace is allowed by law. Act 303 s.83(c) says a woman's right of hadhanah is lost if she changes residence so as to prevent the father from exercising the necessary supervision over the child, except that a divorced wife may take her own child to her birthplace. The problem is an intention to cut the father off from the child. Tell your former husband, give him the new address, and arrange how the father can see the child. If there is a court order about where the child lives, follow its conditions or apply to vary it first. See Hadhanah & lineage.

Sources

Act 303, s.83

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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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