The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 26 No 04, p.2

Although the court has ordered my ex-wife to allow me access to my children, she violates the order.

Question

Although the court has ordered my ex-wife to allow me access to my children, she violates the order. May I take legal action against her?

Answer

Islamically you are the Guardian of your children. Your ex-wife is the custodian. It is haraam for her to deny you visitation and access without valid reason. As long as you are not a danger to the children nor a threat to their Islamic morals, she has no right to deny you free access at a neutral venue. If she is in violation as you have mentioned, you may take legal action against her.

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