Dealing With Access to Children
In Shang & Co. we understand that it is very important for non-custodial parents or parents who are not staying with their children, either before, during, or after divorce to have adequate visitation (access) time with their children. This is not only to ensure the benefits of the parent but most importantly the children. Children should not be alienated from the other parent as this would adversely impact the wellbeing of the children unless such parent poses danger to the welfare and safety of the children. Then there is a need to obtain a protection order and/or supervised access against such parent.
In Shang & Co. we prioritize the best interest and welfare of the children and work with our client to achieve a well-balanced co-parenting schedule in ensuring both parents are able to execute their parental obligations and the children are able to grow in a healthy environment. A divorce between parents should not burden the children in any way.
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The rights to access children should not be confined to parents but also to grandparents and other relatives of the children. No parents shall alienate children from their relatives. A divorce between parents does not mean cutting-tie between the children and their relatives.
If my spouse left with the children, what can I do to see the children?
If your spouse had left with the children, you may apply to the Court to obtain custody or visitation time with your children even before filing for divorce.
My spouse prohibits me from seeing my children. What can I do?
If there are no reasonable grounds (i.e., lockdown) for you to see your children, you may apply to the Court and have your access rights spelt out in an Order. You may state when and where you would like to exercise your visitation rights. The Court will decide in accordance with the best interest of the children.
My ex-spouse defied the Court Order by refusing me from visiting my children. What can I do?
I have an order in relation to my (ex-spouse) access rights which I find difficult to exercise. What can I do?
First of all, there must be a valid reason why such access rights are difficult to exercise. If such difficulty is reasonable, consider talking to your ex-spouse about this and see if there is another way to work things out. If it is not possible, then you may apply to modify (vary) the Order.
Can grandparents or relatives visit the children?
Yes. The Court may grant access rights to the non-custodial parent and his or her relatives, especially grandparents, to visit the children. It is important to note that divorce between parents does not mean cutting the children's tie with their relatives. Each parent has to ensure that their children grow up without grudge and hatred and, most importantly, learning to love and respect.
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By: Dato Chris & Dato Fion
A complete hands-on guide with insights, procedures, and samples on family law practice to be used by judiciary, legal practitioners, students, or anyone who wants to know more about Malaysia family law.