UNDERSTAND HOW THE COURT DECIDE CHILD CUSTODY IN MALAYSIA
The factors will considered by the court before decide who entitle the custody of child are;
1) the welfare of the child;
2) wish of the parents; OR
3) wish of the child to live with mother or father subject to the condition that child can express his/her opinion independently. The court will presume the child is good under the custody of mother if he/ she is under age of 7. Howerver, this presumption is rebuttable by the father can prove that the mother is not fit to have the custody of child.
CAN THE CHILD DECIDE WHICH PARENTS TO LIVE WITH AFTER DIVORCE?
Yes. He/ She can tell the court that which parents He/ She wishes to follow subject to the condition that the child can express independent opinion.
CAN THE SPOUSE BRING THE CHILD TO OVERSEA WITHOUT MY CONSENT? WHAT CAN I DO?
Yes. Your spouse can do this. You could contact your lawyer to make application in the high court to restrain your spouse taking your child out of Malaysia.
CAN I GET THE SOLE CUSTODY BEFORE DIVORCE?
Yes. You could contact your lawyer to make separate application in High Court
MY SPOUSE REFUSED ME TO VISIT THE CHILD?
You should contact your lawyer to make application in the High Court for interim custody
CAN THE SPOUSE HAVE JOINT CUSTODY?
Yes. You could contact your lawyer to make this arangement.