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PROCEDURES OF DIVORCE PETITION IN MALAYSIA (5): Custody of Children

Written by L Y Lu & Co. | June 21, 2013

PROCEDURES OF DIVORCE PETITION IN MALAYSIA (5): Custody  of Children

In determining the custodial rights of a child below 18 years old in a divorce petition, the judge based on a number of presumption of law. The presumption is that Children below seven (7) years old are presumed to be better off with their mother, unless she is proven to be unfit. The older children’s wishes may be considered if the court feels they are mature enough to understand the implications of their decision.

When looking into the well- being of the children, the Court may consider:

1.         Children’s preference to stay with either parent (if they are above seven years old);

2.         Maintaining status quo of children, to avoid disruption of the children’s  daily routine;

3.         The Welfare Report, if applicable;

4.         The proximity and closeness of the children to their extended family members;

5.         Religion.

If the wife is granted custodial right,  reasonable access to children shall be given to the husband, and vice versa. Alternatively  husband and wife may opt to make fixed arrangements or have joint custody.

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Full list of articles on Divorce Proceeding in Malaysia:-

General Knowledge

Application for Referral to Marriage Tribunal

Grounds of Divorce

Maintenance of Wife and Children

Custody of Children

4 Responses to “PROCEDURES OF DIVORCE PETITION IN MALAYSIA (5): Custody of Children”

  1. […] a bit more paperwork to file. Basically, in a single divorce petition, the Court will decide the custodianship after taking all factors into consideration, including the welfare of the child, the wishes of the […]

  2. Timothy says:

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    tnx for info….

  3. Jay says:

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    tnx for info!!…