How to Reclaim Visitation Rights After Divorce in Malaysia

How to Reclaim Visitation Rights After Divorce in Malaysia by TYH & Co. Best Divorce Lawyer in Malaysia

Imagine this: the divorce papers are signed, but your heart aches for your child. Your ex-spouse, for whatever reason, has slammed the door on your visits. You’re left wondering, “Can I still see my kid after the divorce?”

The good news is YES! You have rights as a parent (or usually the father in these cases) in Malaysia, even if you don’t have the legal custody of your child.

Why Can’t I See My Child?

There are many reasons why your ex might be denying you visitation. Maybe you are not paying the children’s maintenance on time. Maybe she thinks you’re a bad influence, or maybe the anger from the divorce. Whatever the reason, remember that your child’s well-being comes first.

What Are My Rights to Visit My Children?

Even if you do not have legal custody of your children, you are still entitled to have access or visit your children after the divorce.

That said, it is important to note that the Court may deny your access in very extreme circumstances, for example, if you are a bad influence such as a drug user/addict or having violent behaviour.

If this is not the case, you can always fight for your rights to have access to your children.

The Court will always uphold that visitation of parent is the children’s basic right.

How Can I Get Visitation Rights Back?

There are 2 main ways to get back your visitation rights:

  1. Talk it out: If things aren’t too bad, you and your ex-spouse might be able to work things out on your own. Try talking to her calmly and respectfully about setting up a visitation schedule.
  2. Get a lawyer: If talking doesn’t work, or if things are too heated, it’s time to get legal help. A lawyer can file the necessary application to the court to enable you to visit your children again.

Remember, you’re not alone! Many parents (especially fathers) in Malaysia have gone through what you’re going through.

Getting back your visitation rights can take time and effort, but it’s worth it. Your child needs and deserves a relationship with both parents. So, take that first step and fight for those parent-child moments before it is too late.

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What to Do If Your Ex-Spouse Is Not Letting You Visit Your Child

What to Do If Your Ex-Spouse Is Not Letting You Visit Your Child by TYH & Co. Divorce Lawyer Malaysia

Children need a relationship with both parents after divorce. This is because both parents play an important role in their child’s development. Parents provide their children with love, support, and guidance. They also help their children to develop their identity and sense of self.

When children do not have a relationship with one of their parents, they can experience a number of negative consequences. These consequences can include:

  • Feelings of loss and sadness
  • Low self-esteem
  • Behavior problems

The impact of divorce on children

Divorce can be a difficult time for children. They may experience a range of emotions, such as sadness, anger, confusion, and guilt. They may also worry about their future and their relationships with their parents.

It is important to remember that every child experiences divorce differently. Some children may cope well with divorce, while others may struggle. It is important to be patient and understanding with your child during this time.

How visitation rights can help children after divorce

Visitation rights can help children after divorce in a number of ways. They can:

  • Provide children with continued contact with their non-custodial parent
  • Help children to maintain a sense of normalcy
  • Reduce feelings of loss and abandonment
  • Promote emotional well-being
  • Encourage positive relationships with both parents

Tips for parents for maintaining visitation rights

If you are a parent who is going through a divorce, here are some tips for maintaining visitation rights:

  • Be consistent with visitation. Try to stick to the visitation schedule that has been agreed upon by the court or by both parents. This will help your child to feel more secure and stable.
  • Be positive about visitation. Talk to your child about how much you enjoy spending time with them and how important it is to you that they have a relationship with their other parent.
  • Make visitation fun. Plan activities that your child will enjoy and that will help them to bond with their other parent.
  • Be flexible. Things don’t always go according to plan, so be prepared to be flexible with visitation. If something comes up that prevents you from seeing your child on the scheduled day, try to reschedule as soon as possible.
  • Communicate with your child’s other parent. It is important to communicate with your child’s other parent about visitation. This will help to ensure that everyone is on the same page and that your child’s needs are being met.
  • Be patient. It may take some time for your child to adjust to the new visitation schedule. Be patient and understanding with them.

What to do if your ex-spouse is violating your visitation rights (before or after divorce)

  1. Talk to your ex-spouse (or spouse). Try to resolve the issue directly with your ex-spouse (or spouse). If they are willing to cooperate, you can come up with a new visitation schedule that works for both of you.
  2. File an application to the court. If your ex-spouse (or spouse) is unwilling to cooperate, you can file an application to the court for a visitation order. The court will then decide whether to order your ex-spouse to comply with the visitation order.
  3. Get a lawyer. If you need help enforcing your visitation rights, you should get a lawyer. A lawyer can help you to understand your rights and options and can represent you in court if necessary.

Conclusion

Visitation rights are important for children after divorce. They can help children to maintain a relationship with their non-custodial parent, which is essential for their emotional well-being. If you are a parent who is going through a divorce, it is important to be consistent with visitation, be positive about visitation, make visitation fun, be flexible, communicate with your child’s other parent, and be patient. By following these tips, you can help your child to adjust to the changes of divorce and maintain a healthy relationship with both parents.

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