Is it permissible for a divorced mother and her family to refuse to hand over the children to their father, despite the children's desire to remain with their mother, and despite the father not having fallen short in caring for his children or communicating with them?

A child, after reaching the age of discernment, is given the choice between their parents if they are aware of the reasons for their choice. If not, the matter is postponed until the reasons become clear to them, and this is subject to the discretion of the judge. If your children have reached the age of choice, you have the right to demand to know their opinion, even through legal means. If they choose you, then it is permissible for you to take them to live with you.

Shaykh al-Islam Zakariya al-Ansari said: "A child, after discernment, is given the choice between their parents if they separate and both are fit for custody. The child will be with whichever parent they choose, because the Prophet, peace be upon him, gave a boy the choice between his father and mother." A girl is like a boy in this regard. The child is given the choice between their parents even if one of them is superior to the other in terms of religiosity, wealth, or affection. However, if only one parent is fit for custody, no choice is given, and custody belongs to that parent. If the other parent later becomes fit, then a choice can be given.

It is preferable for understanding between the parents to be reached outside of court. However, if the matter becomes difficult and there is no solution except through the judiciary, then there is no harm in resorting to it.