Understanding Child Custody in Malaysia
Child custody refers to the legal rights and responsibilities a parent or guardian holds concerning the care, control, and upbringing of a child. In Malaysia, child custody matters are primarily governed by the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976) and the Guardianship of Infants Act 1961 (GIA). These laws apply to non-Muslim individuals and outline the framework for custody arrangements during and after divorce or separation proceedings.
Child custody application is usually initiated by either parent or both for the Court to determine & to grant Order with regards to the custody, care, control and guardianship for their child.
This application usually give rise when the relationship between the spouses (parents) sours up or at the blink of breaking-up irretrievably.
Legal Framework Governing Child Custody in Malaysia
- Section 88(1): Allows the court to grant custody to either parent or, in exceptional cases, to a relative or other suitable person.
- Section 88(2): Emphasizes that the child’s welfare is the paramount consideration in custody decisions.
- Section 88(3): Presumes that custody of a child under seven years old should be with the mother, unless proven otherwise.
- Section 89: Outlines the rights of the custodial parent, including decisions about the child’s upbringing and education.
- Section 90: States that custody arrangements should be determined during divorce or judicial separation proceedings.
- Section 95: Indicates that custody orders remain in effect until the child reaches 18 years of age.
Factors Considered by Malaysian Courts in Custody Decisions
Courts assess various factors to determine the most suitable custody arrangement:
- Child’s Welfare: The child’s physical, emotional, and psychological well-being is the primary concern.
- Parental Capability: Each parent’s ability to provide a stable, nurturing environment.
- Child’s Wishes: If the child is mature enough, their preferences may be considered.
- Status Quo: Maintaining the child’s current living situation to avoid unnecessary disruption.
- Parental Conduct: Any history of abuse, neglect, or other behaviors impacting the child’s welfare.
How the Child Custody Application Works?
Seek legal advice to understand your rights and options.
You’ll receive a transparent cost breakdown — whether it’s a joint or single divorce.
Submit the necessary documents to the family court, outlining your custody request.
The lawyers will attend the case management and hearings where both parties can present their case.
The judge will issue a custody order based on the child’s best interests.
How Chambers of S Sakthi Can Assist You
At Chambers of S Sakthi, we offer comprehensive legal services for child custody matters:
Personalized legal advice tailored to your situation.
Assistance with drafting and filing all necessary legal documents.
Advocacy during court proceedings to protect your rights and interests.
Guidance on enforcing or modifying custody orders as circumstances change.
Disclaimer: This information is for general guidance and does not constitute legal advice. For personalized legal assistance, please consult with our qualified legal professionals.
common questions
Yes, custody applications can be made at any stage of the divorce proceedings.
Joint custody is encouraged when both parents can cooperate in making decisions for the child’s welfare.
There’s a presumption favoring the mother for custody of children under seven, but this can be rebutted based on the child’s best interests.
Yes, if there’s a significant change in circumstances, you can apply to the court to vary the custody order.