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Fatwa CenterSpending on one's children has nothing to do with him seeing them
Question
If you don't see your children due to the mother not wanting you to have a relationship with your children is the father still responsible to support the children if he don't see them?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If the children are young and have no money, then their father is obliged to spend on them; this spending has nothing to do with their father seeing them or not seeing them.
In regard to him seeing them, it is not clear to us from the question whether or not divorce took place. In general, we say that if the bond of marriage is still ongoing, then the custody of the children is the right of both parents, but if the father and the mother are separated (divorced), then the mother has more right in fostering the children unless she remarries or that there is a Sharee'ah impediment that prevents her from fostering them.
However, if we presume that she has the right of custody, she is not permitted to prevent the father [her ex-husband] from seeing his children; if she prevents him this right, she is unjust to him. In this case, the father has the right to take the case to the Islamic judge or to whomever acts on his behalf in non-Muslim countries, like Islamic Centers, so that he will be given the right to see his children, take care of them and properly guide and discipline them. For more benefit, please refer to Fatwa 84575.
Indeed, if reconciliation is possible between the spouses, then this is good and the children will be the first to benefit from this; as divorce often has bitter consequences on the children.
Allaah Knows best.
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