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The question

What is the ruling on a mother who leaves the marital home without a reason, files for khul' (dissolution of marriage), prevents the father from seeing his children, and benefits from their money? What is the ruling on spending the children's money on a lawyer? What is the ruling on one parent depriving the child of the other? And what is the age at which custody ends?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Issues subject to dispute and contention must be presented before the court. If a ruling has been issued regarding them, a will not be beneficial.

Generally, it is not permissible for a wife to leave her husband's house without a valid excuse; otherwise, she is considered disobedient (nashiz), forfeits her right to maintenance, and thereby commits a sin. If her family aids in separating the spouses without a legitimate Sharia reason, they are unjust and have committed a grave sin.

If the mother is the custodian, she is entrusted with her child's maintenance, and it is not permissible for her to spend from it on anyone else or on herself for the sake of custody. Nor is it permissible for her to prevent the father from seeing and visiting his child. If they dispute over this, the judiciary is the one to decide.

As for the age at which a child's custody ends, there is a difference of opinion among scholars. Some believe it is seven years, after which the child is given a choice, while others maintain that a daughter stays with her mother until she menstruates or gets married.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
163022
Imported
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Source text, unreviewed
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