CHILD CUSTODY IN MALAYSIA
Understanding the Legal Framework
Child custody applications in Malaysia is primarily governed by the Law Reform (Marriage & Divorce) Act 1976 for Non Muslims.
This application is commonly done by either parent during the divorce proceedings or prior to filing the divorce application.
Factors Considered by Court in Child Custody
There are few factors that the court will look into in deciding whether a mother or father to have the custody of the children.
There is a rebuttable presumption under S.88(3) LRA 1976 that the custody of kids below the age of 7 to be given to the mother.
The court evaluate factors such as the age of the child, emotional & physical needs, siblings’ bonding and overall wellbeing.
The court will consider the preferences of the child if the child is more than 7 years old.
Any evidence of abuse, neglect or an unfit environment will be taken into consideration.
Proximity to schools, healthcare, and support systems will usually be considered.
The Court is slow in changing the environment of the kids
FAQ
Who can apply for Child Custody in Malaysia
Any parent or legal guardian of the child can apply for custody.
What is the difference between custody, care and control?
Custody refers to the legal right to make major decisions for the child; care pertaining to the child’s well-being ; control involves daily care & living arrangements.
Can custody order be changed after granted?
Can, by way of variation application. Must show material change of circumstances.
Is a Joint Custody possible?
Yes, the court can grant joint custody, allowing both parents to share responsibilities, provided it benefits the child.
Can a Father gain Custody of a Young Child?
While mothers are generally given custody of young children (below the age of 7 years old), fathers can also be granted custody if it is deemed to be in the child’s best interest.
Can a Child choose which parent to live with?
If the child is matured, the court will take into account his/her preference. Nevertheless it is subject to their well-being & in their best interest.
What documents are needed for custody application?
Key documents : Copy of children birth certificate and marriage certificate copy
Can grandparents or other relatives apply for custody?
Yes, in an exceptional cases, if the court deemed the parents are unfit or unable to care for the child.
