KNOWLEDGE BASE


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  CHILDREN : KNOWLEDGE BASE ISSUES
» Who has the right of custody over children of the marriage? Open Who has the right of custody over children of the marriage? in New Window
The Court may at any time place a child of the marriage in the custody of one of the following persons: <ol><li>either of the child's parents; or</li> <li>where there are exceptional circumstances making it unde ...
» How does the court decide whom to award custody in an application? Open How does the court decide whom to award custody in an application? in New Window
The factors which help the Court to decide on the most suitable guardian are: <ol><li>Most importantly, the welfare of the child;</li> <li>The wishes of the parents;</li> <li>The wishes of the child ...
» Is there a need to apply for custody of the child in the event of separation or divorce? Open Is there a need to apply for custody of the child in the event of separation or divorce? in New Window
Under the situation, the husband and wife must decide on who to have custody of the child. If both parties are mutually agreeable in this decision, no formal application is necessary. However, if one party decides to contest the others rig ...
» If the custody of a child is given to one parent, can the other still see him/her? Open If the custody of a child is given to one parent, can the other still see him/her? in New Window
Yes, the other parent will have visitation rights. To protect the visitation rights, that parent will have to include in the custody order his/her right to see the child and to stipulate expressly the frequency and length of such visits. H ...
» Can I prevent the other parent from taking children out of Malaysia? Open Can I prevent the other parent from taking children out of Malaysia? in New Window
Yes. The Court also has powers to restrain the parent of a child from taking a child out of Malaysia. An application can be made either at the time when any matrimonial proceeding is pending or after an order for custody has been grante ...

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