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Visitation rights from Expat wife working in malaysia with 2 kids

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asked on Aug 30, 2016 at 00:48
by   16dec
edited on Sep 19, 2016 at 08:03
 
I am 39 years old. My wife is working in Malaysia with my daughter 12 years old and son 8 years old studying in Malaysia for the past 24 months. After 3 months of her stay in Malaysia when I came to Malaysia for the first time we had a quarrel. I was asked to go out of home threatening me that a complaint would be lodged to police. Since then for the past 20 months I was not allowed to talk with my kids. Even all their Skype accounts were blocked. I was sending money for her Malaysian account for family expenditure for 16 months even after I was sent out having hope to resolve the issue, but in vain. No body could convince her. She changes her residence. I came to know her where about but afraid to go to home since she threatened. I don't want to create any problem for her work or residence in Malaysia making it a big issue. But I want to visit my kids and know about their well being. I want to fulfill my duty as a father and don't want my children to miss their father.

Can I go to the Malaysian court since my wife resides in Malaysia? She wants to have a divorce. I don't  want to go for divorce for the sake of children.

Can I ask the court to give me visitation rights without divorce? If I can go to the court how long an case like this will take for judgement at least for visitation rights?
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4 Answers

answered on Aug 30, 2016 at 01:13
by   vkpc
Is your wife a Malaysian?
What is her religion?
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answered on Aug 30, 2016 at 03:41
by   jeff005
edited Sep 19, 2016 at 08:05
 
@ 16dec

Can I ask the court to give me visitation rights with out divorce? 
You can actually file for "Interim Custody" if you are living in Malaysia, that is, before Divorce Petition.
But based on limited info about you and your ex-spouse to be, you are unlikely to get such a court order as she has been taking care of the  children for the past 2 years.

If I can go to the court how long a case like this will take for judgement for visitation rights?
The period can take from 6 months to 18 months depending on the type of Divorce Petition filed and whether it would be contested "horribly".
Even if you can get visitational rights, you can almost forget it.
It is very difficult for you to enforce your rights as a foreigner.
Even we local Malaysian fathers have problems even to see the faces of our children.
After a few attempts, we are forced to give up seeing our biological children.
Your daughter may remember you but your son is too young to remember you.
We, fathers, are always on the losing side.

Do not go to her workplace or near her.
Divorce is damned dirty.
What may seem an amicable divorce can turned nasty later on when children are involved.
Read my case and you can see what ex spouse can do to you. 
Men are not protected by existing laws.

Where did you two get married?
Why you allow her to work away from your marital home? You must be filthy rich so much so that a divorce will benefit her in almost every way and that is the direction she could be going for without giving you even a quarter of a chance.
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answered on Aug 30, 2016 at 19:30
by   16dec
edited Sep 19, 2016 at 08:06
 
Both are Indian and got married in India. And she came for work in Malaysia. I am not residing or working in Malaysia. I just came on visits.
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answered on Aug 30, 2016 at 19:50
by   jeff005
edited Sep 19, 2016 at 08:07
 
@16dec

Google " Mahabir Prasad v Mahabir Prasad "
The case is similar to yours except in different directions.
Assuming none of you are Muslim or have change of faith to Islam.
You best recourse is to seek redress at a court of law in your country of domicile.
Indian Family Laws favours the Male.. so you can be lucky..!!

NOTE:-
She is at a disadvantaged if she is under Foreign Employment Contract in Malaysia.
Unless she has a very strong sponsor (Male or Female).
Seek "Abandonment" in your Indian Family Laws to gain custody of your children, maybe it may work as Justice is fair to both sexes.
Did you whack her in India?
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