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Must the father send his 9-month-old child with his ex-wife to Syria after the divorce, or is he entitled to keep the child with him, especially given that she is living in difficult circumstances?

1 min readAlso available in العربية

The majority of scholars hold that the father has a greater right to custody when the parents separate if each of them is in a different country. However, some scholars are of the opinion that custody belongs to the mother, even if she is in another country, if the child's best interest dictates it. All opinions stipulate that the route and the country to which one moves must be safe; otherwise, the parent who remains is more entitled to custody to protect the child from danger. If the mother's travel with the child to her country poses a danger to the child, then she does not have the right to travel with him, and in case of dispute, the matter is referred to the judiciary.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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