Something You Should Know

How does the court determine child custody?

The factors that help the court to decide child custody are:

  1. Most importantly, the welfare of the child;
  2. The wishes of the parents; and
  3. The wishes of the child, if capable of independent opinion.
    The court would presume that it is for the good of child below seven (7) years old of age to be with his or her mother. However, this presumption is rebuttable by providing proof of evidence that the mother is not fit to have the custody of the child.
Can a child decide which parent to follow in the event of a divorce?

The Court could take into consideration of the wishes of the child if he/she is capable of independent opinion.

Can my spouse bring my child away out of Malaysia without my consent? What can I do?

There are ways that your spouse can bring your child away form Malaysia. If you sense such possibility, you should consult a lawyer. With the lawyer's advise, you can file an application to restrain your spouse from taking your child out of Malaysia.

Can I get the sole custody before divorce?

Yes, a separate custody application can be made anytime about custody before divorce application.

My partner refuses to let me visit my child, what can I do?

You should consult a lawyer. with lawyer's advice, you can apply for interim custody and/or access to the child from the High Court.

Can me and my spouse have joint custody?

Yes. It's possible. You should consult a lawyer. With lawyer's advise, you can make agreement about the joint custody.

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