Frequently Asked Questions About Custody Application In Malaysia

Frequently Asked Questions About Custody Application In Malaysia

Custody of a child (for non-Muslims only) is a complex issue in Malaysia. This FAQ will provide you with some basic information about custody in Malaysia, including who can apply for custody, what factors the court will consider when making a decision, and how to go about applying for custody.

1. Who can apply for custody of a child in Malaysia?

Either one of the parents can apply for custody of a child in Malaysia. However, the court will prioritize the mother’s right to custody if the child is below the age of 7, unless there are compelling reasons to do otherwise.

2. What are the factors the court will consider when deciding on custody?

The court will consider a number of factors when deciding on custody, including the child’s best interests, the parents’ respective fitness to be custodians, and the wishes of the child (if the child is old enough to express their own independent wishes).

Some of the factors the court may consider include:

• The child’s age and needs
• The parents’ financial and emotional resources
• The parents’ parenting skills
• The parents’ relationship with the child
• The child’s wishes (if the child is old enough to express their wishes)

3. What is the process for applying for custody in Malaysia?

• The process for applying for custody in Malaysia is as follows:
  • The applicant must file an application for custody with the Court in Malaysia.
  • The application must be accompanied by a statement of facts and supporting documents.
  • The respondent (the other parent) will be served with the application and will have an opportunity to file a response.
  • The court will then hold a hearing to consider the application.
  • The court will issue a judgment, which will determine who will have custody of the child.

4. What are the grounds for denying custody?

The court may deny custody to a parent if the parent is found to be unfit to be a custodian. Some of the grounds for denying custody include (but not limited to):

• The parent has a history of abuse or neglect
• The parent is addicted to drugs or alcohol
• The parent is mentally ill
• The parent is unable to provide for the child’s physical or emotional needs

5. Can the custody order be changed?

The custody order can be changed if there are significant changes in the circumstances of the parents or the child. To do so, one of the parents must file an application to the court, which will then hold a hearing to consider the application. If the court finds that there have been significant changes in the circumstances, it may issue a new custody order.

6. What are the rights of the child in a custody case?

The court will consider the child’s wishes when making a decision about custody provided that the child has the ability to make independent opinion and not affected by any party.

In conclusion, custody of a child in Malaysia is a complex issue that is determined by a number of factors. The court will always prioritize the child’s welfare/best interests, and will consider the parents’ respective fitness to be custodians, the wishes of the child (if the child is old enough to express their wishes), and any significant changes in the circumstances of the parents or the child.

If you are considering applying for custody of your child in Malaysia, it is important to speak to an experienced divorce & family lawyer who can help you understand your rights and options.

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