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Foreign divorce child custody with Malay (Muslim)

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asked on Dec 20, 2016 at 01:25
by   Sebastien_Irles
My situation is a bit complex, I will try to sum it up here.

I am a European foreign married to a Malay woman. The marriage has been done overseas through conversion but failed to be recognized and registered in Malaysia (due to lengthy and costly process)
It is not an issue since the baby we recently had has my nationality (European country) and depends on my visa (work permit in KL).

We may divorce soon (because of personal issues) and the question of the child custody is raised.
The baby is completely foreign but the mother is Malay. What are her rights? Can she still obtain custody? Or force me into a legal judgement?

Thank you very much for your enlightenment
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5 Answers
answered on Dec 20, 2016 at 03:18
by   MohammedRusni
The marriage has been done overseas through conversion 
Which country?

We may divorce soon 
How to divorce when you are not even married at all?

The baby is completely foreign 
Nonsense..!! Baby is half Malaysian

What are her rights?
As the biological mother and applying strict Islamic Syariah Laws.

Where is the child now?
Who converted? You or she?
Which country you went for conversion.
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answered on Dec 20, 2016 at 04:53
by   Sebastien_Irles
We went to Thailand.. I converted.
So there is a religious marriage but no registration in Malaysia.
The baby does not have the Malaysian citizenship. The baby is with us in Malaysia.

Why do you say "strict Malaysian law"?
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answered on Dec 20, 2016 at 05:56
by   MohammedRusni
Why do you say "strict Malaysian law"?
Did I say or write?
It is strict Islamic Syariah Laws (Sunni Muslim)

Thailand allows Interfaith Marriages. 
Buddhist and Muslim are allowed to marry.
But the children born there must have Thai name and not forced to accept Islam as their religion.
The Buddhist spouse retain its own religion and maiden name.
By Thai Laws, the woman must change her family name to that of the husband's family name.
(The new generation seldom follows thus division of property during divorce is a big issue now).

Thailand allows foreign Interfaith Marriages and have Thai Customary Buddhist ceremony.
Those are Tourism Marriages. No citizenship rights.
It is only recognized by some countries.
Malaysia do not recognize Thai Muslim Marriages.
For Malaysian Muslim Citizens, must re register again inside Malaysia.

Or force me into a legal judgement? 
You are sure to lose custody in a legal judgement

question of the child custody is raised. 
Just bring your child and make a passport from your embassy
Buy 2 tickets and fly off and do not come back. No further issues
Malaysian Muslim women needs to be taught a lesson about marrying foreigners without proper conversion in the hope of getting foreign European citizenship through their child.

The Law Chamber of Mohammed Rusni
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answered on Dec 20, 2016 at 11:24
by   Sebastien
But still it is confusing... If the child is not a Malaysian citizen how the laws of Malaysia may apply to him? He already holds a foreign passport and there is no intention to apply for Malaysian citizenship.

Thanks for the answers
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answered on Dec 20, 2016 at 14:12
by   ExpatVictim
edited Dec 27, 2016 at 09:35
 
You are inside Malaysia now. You are also subjected to Malaysian Laws.

If you love this child very much, get out of here here before she applies for an injunction (Ex parte) to prevent the child from leaving this country.

Do not get involved in Islamic Syariah Laws!
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