Dealing With Children Custody
In Shang & Co. we understand that it is very important for most parents to obtain the custody rights of their children as they do not wish to part with their children. When representing our clients in battle of custody, we ensure that the children's welfare is being prioritised and our strategy would in no way compromise a child's interest.
In ensuring that children's welfare is protected, we work with various government bodies, associations, schools, enforcements i.e. the police department, immigration and custom department, interpol and professionals i.e. children psychologies and psychiatrist.
We have successfully represented parents including non-working parent, grandparents and other relatives in obtaining children's custody. Our success extend to obtaining illegitimate children's custody for parent.
Areas of Expertise in Family Law
What is Custody?
Custody is a right granted to a child's father or mother by the Family Court in Malaysia under section 88 of Law Reform (Marriage and Divorce) Act 1976 (refer to as LRA). Custody under the LRA implies the right to having the physical presence and belonging over the child, and this is also known by many as the "Physical Custody".
What is Guardianship?
Guardianship relates to parental responsibility regarding support, health and education in accordance to the Guardian of Infants Act 1961 (refer to as GIA). A person who is a guardian of the child shall also have the rights to control and manage the child's property subject to the rights and powers of any trustee or personal representative in whom an infant’s property is vested. On the other hand a person who is granted the custody right only (without guardianship right) has no power to do so.
Who can apply for custody of a child or children?
The father or mother of a child or children of the marriage, may apply for the custody of the children. It is pertinent to note that the application of custody for a legitimate and illegitimate child shall be dealt with distinctively.
When can a parent apply for a child's custody?
A parent of a child or children may apply for custody order at any time even before divorce proceeding take place. If you are not the custodial parent because the Court has granted your child or children's custody to your spouse or ex-spouse, you may apply to change the order. Click here to read about variation of children custody order
How does the Court decide in granting custody order?
In deciding in whose custody a child should be placed, the Court shall give paramount consideration to the welfare of the child by having regards to the wishes of the parents and the child if he or she is of an age to express independent opinion. Welfare of a child in deciding custody does not mean a parent's earning abillity or affordability to provide a more comfortable lifestyle than the other parent. Hence if you earn lesser than your spouse or even if you do not have any earning capability, you may still be granted the custody of your child.
If my child is below the age of 7 years, would the court grant the custody to the mother?
There is a presumption that it is for the good of a child below the age of 7 years to be with his or her mother but such presumption may be rebutteed by having regard to the undesirability of disturbing the life of a child by changes of custody. This presumption is not necessarily a decisive factor as it had to be weighed together with the other relevant factors such as the welfare of the child.
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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.