How to get legal separation

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asked on Apr 4, 2016 at 02:22
by   Angieworried
Can I get a legal separation from my husband? I would like my kids age 13 years and 10 years to live with me. They also want to live me and not with their father. My husband has also threatened me with bodily harm. Should I make a police report? I am worried that if I do he will cause me harm. He also has taken RM60k from me and when I ask for it back he reduses to give me back. I have evidence that the money was given to him. I need advice.
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answered on Apr 4, 2016 at 02:45
by   JeffOO5
@ Angieworried

1. Legal separation (Not divorced) and "Divorce" are two different situations.
2. Why want to live you and not the father? Do be aware that Parental Alienation is more harmful to child than to their parents.
3. You can make a police report if you have evidence. But the polis will do nothing as it is domestic issues.
4. If he really does bodily harm, he is real stupid. He will lose even visitational rights to the children in the event of a divorce. Just allow him to do that and tell him that. You are in a win-win situation.
5. The "money given to him".. in the form as loan or given as a spouse?
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answered on Apr 4, 2016 at 16:35
by   Angieworried
1. I want to live separately with my children away from my husband. If I go for divorce, I do not want to put my children through a custody battle which I know may take a long time.
2. My children prefer to stay with me because I am always with them - involved in their school work and activities.  I do not want my husband alienated from my children. He is after all their father.  I just don't want to live with him anymore and my children have indicated that they would rather live with me.
3. It is alright if police don't take action. I just want a police report in case I do take a legal case for separation / divorce.  I can use as evidence.
4. I don't feel in a 'win-win' situation. I feel frustrated and depressed. But I don't want my children to be affected.
5. Money given to him as a 'loan' to put in his account temporarily until I open another account to transfer the money back to me. 
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answered on Apr 4, 2016 at 21:42
by   Jeff Lee
edited Apr 8, 2016 at 12:36
by   Jeff Lee
@ Angie

1. Apply for "Judicial Separation"..
2. That is the start of parental alienation by asking the children who they want to stay with.
3. This evidence is useless in the fight for custody. In real life, this works against you.
4. Your children is already affected. They do not know how to expressed it out.
5. While still being married, these types of loan can hardly be "recoverable".
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