Does the mother's right to child custody fall if she travels with the child outside the father's place of residence, and is the father entitled to reclaim custody in this case?
The majority of jurists hold that custody transfers to the father if one of the parents undertakes a journey of relocation and permanent settlement, except for an infant, who remains with its mother. It is advised to consider the best interest of the child in custody and not to make the child a victim of parental disputes. If it is in the child's best interest to remain with its mother, then the child should not be deprived of that. However, if there is a fear of corruption or neglect for the child from the mother, the matter should be referred to the Sharia court. It is not permissible for the custodian to prevent the other party from seeing or communicating with the child, as this entails injustice to both the father and the child. This right can be obtained through legal means if the mother insists on prevention.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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