Is the custodian entitled to incense the ward against his mother and her family, force them to sever ties of kinship, and deprive the mother of seeing her children for five years, and who has a greater right to custody of the child: the father who violated the conditions of custody, or the child's maternal grandmother?

If the father prevents the mother from seeing her children and compels them to sever ties of kinship, he is an oppressor committing a grave sin. The custody of children under the age of seven belongs to the mother, unless there is a preventing factor. As for children over seven, they are given the choice between their parents. If the mother marries a non-mahram (definition), her custody rights are forfeited and transfer to the maternal grandmother according to the majority of scholars. However, the Hanbalis hold that the father takes precedence over others if there is no impediment on his part. What is considered in custody is the best interest of the child, and in case of dispute, recourse is made to the Sharia (definition) court.