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Malaysian Husband divorcing Foreign Wife with Child Custody Issue

485 Views  ⚫  Asked 6 Months Ago
asked on Aug 21, 2017 at 17:59
by   jeff005
edited on Aug 21, 2017 at 18:01
by   jeff005
<<<..  FOR THE CHILD  ..>>>

While there are many cases of Foreign wives divorcing Malaysian husbands, there are equal numbers of Malaysian Husbands divorcing Foreign Wives. A divorce is a divorce with no difference between intercontinental or local spouses for non-muslim marriages. Issues started when there is a child or children involved.

The purpose of this thread/threat is not the Divorce BUT discussion on how and best way in the interests of the Child. Both spouses have issues but the Child is innocent..!!
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7 Answers

answered on Aug 21, 2017 at 18:07
by   jeff005
<<<... CASE STUDY..>>>


answered on Jun 28, 2017 at 17:25
by   Quinni
edited Jul 4, 2017 at 00:16
 
I'm starting divorce process and to share my knowledge: 

1. You should have police report on domestic violence or verbal abuse - what is your issue. Then you can go immigration to extend your social long term pass as abused wife. 
2. Other option you can ask your job to apply employment pass. You need to get your husband to cancel your social pass before employment pass can be issued. 

For my case I'm going for single petition: 

Step 1. Consult lawyer. Fee is around RM250 to RM500 per hour. Total amount will be around RM10,000 to RM18,000 depends on case. If you don't have income you can apply for free lawyer via Malaysian Bar. Visit nearest Malaysian Bar office and get info. 

Step 2. Go Jabatan Pendaftaran Negara (JPN) and report to marriage tribunal. You should ask for join counseling session. If you husband will not come for session, you get form on that and can submit court order straight away. If he come then you can get it after 3 sessions completed.

Notes: 
1. Keep all recorded (Whatsapp, conversations, babies bills, dates on visit and conversations) 
2. Keep kids visitation on schedule, for example once in 2 weeks. They will be adopted after divorce. 
3. Keep your documents and babies document in safe place - marriage certificate, birth certificate, IC, passports, visa deposited paper. Better if all docs not at home. If your husband is holding babies passport you couldn't get it until court order is issued. 

You can go to JPN and get copy of marriage certificate, birth certificate and babies IC with fee of RM50 each.  
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answered on Jun 28, 2017 at 18:06
by   VictimisedLocalFather
edited Aug 20, 2017 at 23:16
 
1. You should have police report on domestic violence or verbal abuse 
Make sure it is a genuine case. Verbal abuse is subjective as feuding couples do quarrels. 
In the event of the Judge feels that all those police reports are staged, a spouse may not get full custody. 

Total amount will b around RM10,000 to RM18,000 depends on case. 
Single Petition starts from RM6,000 for simple direct case. 

keep all recorded (Whatsapp, conversations) 
This is ENTRAPMENT, contestable in a court of law. 

Keep your documents and babies document in safe place - marriage certificate, birth certificate, IC, passports, visa deposited paper. 
Idiotic lawyer's advise (if any). The other spouse can claim there is intention to abscond by the foreign spouse. In any case, most courts will not give full custody to the foreign spouse. The children can be taken away from Malaysia. This is to protect Malaysian Child. It is in Child's Protection Laws and Family Laws 2017.
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answered on Jun 28, 2017 at 19:24
by   Malaysian Father
edited Aug 20, 2017 at 23:26
 
The moment you file a Single Petition, I would go and cancel the sponsorship at the Immigration. And would applying for an injunction not to allowing the children from going overseas till the divorce case is fully over with the issuance of the 'dekri nisi absolute'. I would further apply for temporary custodianship and send your particulars to all registered employment agencies not to seek employment for you. 

I would get a good lawyer and delay the divorce for say 2 years. I would be interested to see how many times the Immigration Department would renew the Social Visit Pass, now that it is now no longer Long-Term Social Visit Pass (LTSVP).
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Lawyerment Discussion Ref :-
https://www.lawyerment.com/answers/questions/3027/foreign-wife-divorcing-malaysian-husband?g=2#tab-top
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answered on Aug 21, 2017 at 18:39
by   jeff005
edited Aug 21, 2017 at 19:11
by   jeff005
<<<New Query..>>

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Ref :- https://www.lawyerment.com/answers/questions/3027/foreign-wife-divorcing-malaysian-husband?g=2#tab-top

posted on Aug 20, 2017 at 03:06
by   Ezra
edited Aug 20, 2017 at 23:14
 
I am married to a Malaysian Chinese, my husband is only 21 years old and I am 31. Our problem is his family, especially his mother. To make the story short, I cannot get the custody of my son, because he is Malaysian. As a mother I want to fight for my son's custody even though I know its difficult because I'm just a foreigner and do not have any visa. My husband did not renew my visa already.
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@ Ezra

Personal Views (non-legal)

Our problem is his family, especially his mother.
Unless with documented PROOF, this not an excuse for the complete breakdown of the Marriage. If you are living in the same house, you can apply for Judicial Separation  and live away from your MIL.

To make the story short, I cannot get the custody of my son, because he is Malaysian. 
Not entirely correct. Who told you? Divorce Lawyers? The option for Joint Custody  is still there if you do not bring the child back to your country. If you are granted Joint Custody, you can remain in Malaysia looking after the child, subject to your ability to work and maintain yourself. You may apply for Alimony and Living expenses  and 50% joint living expenses for the child. Other T&C of Immigration Laws apply subject to your ability to comply.

I'm just a foreigner and do not have any visa. My husband did not renew my visa already.
Not entirely correct, his actions has already deemed part of the breakdown of the marriage. He can be haul to Family Court  for unethical tactics and harming his own child by the deprivation of Motherly Love.. FAMILY Laws do not work this way, there are legal recourse for YOU.
Q's
1. How long is the Marriage? Is it registered in the embassies of both countries?
2. How long you have been living in Malaysia?
3. How old is the Child?
4. When did your LTSVP expired?
5. Do you still intent to live in Malaysia?
6. Do you have Educational and Work Qualifications to obtain Gainful Employment?
7. How old are you? Your husband?
8. Which country are you from?
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answered on Aug 22, 2017 at 03:45
by   Ezra
@jeff005

Hi tnx for the info, im 31 yrs old and been married for just a year,to be exact aug 1, 2016 we get married. Our son is just 9months now going to 10months and i am almost 8months pregnant, im here in.our country again (Philippines) becos i.dont have any visa in.malaysia so i canot stay there for long, i am.workng in.singapore as a resturand.manger, but i lost job becos i get pregnant again, evrytime.i wamt to take my son and go out for jalan jalan then.dont allow me, they just want me to see my son and canot bring outside, but i canot go.insde their house.also, it means i alwys stay outside their.house to visit.my son, hard for me becos.he is.just.a baby,.and its.me should taking care of my.own.son, i alwys.go to police station.to file a police report ,but the.police officsr also canot help me becos they say, its a family problem, now my proble is, i.need to get a.private laeyer.wich cost a lot, i dont have any.job and i am pregnamt my husbamd never gve any support.for.my maitenance, my question.is ,hiw i can.get my right to.my malaysiam son if i dont have money to hire a private lawyer? I.just feel so unfair, means as a forginer if we canot afford to hire a private lawyer, we canot fight for our rights, ? We canot do somethng?.no body can help us?? But how? As a mother we will do evrythng for our children i just want to know also if theres other way or any posiblty to fight for my son.even.i canot afford to hire a private lawyer? Do i  still have a chance or any way?
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answered on Aug 22, 2017 at 05:34
by   jeff005
edited Aug 22, 2017 at 06:03
by   jeff005
..
@ Ezra

Personal Opinions (non-legal)

You have not fully answered me on my Q1,2,4,5,6
The answers may be the basis of which may gain you any Custodian legal rights plus alimony (for yourself), living expenses for your second child.

I am penning my thoughts on a fair and neutral position. I have been pulled into 2 High Court case which revolved Child Custody of my son. Save your moneys, there is no legal way you can get Full Custody of your son, maybe Joint Legal Custody with limited access. I am old, retired, jobless and no savings, cannot afford lawyers fees at all. My ex wife(local) launched 2 attempts for Full Custody, spending at least 40-50K, so I Self Represented (without lawyers representation) in the High Court and WON against my ex-wife. My court costs is less than RM800. There is Justice in Family Courts..!! 

Even if you have the Financial Means, even if your Lawyers says you can get Full Custody (just to get high Fees) they can be telling stories in their bad toxic breath. Your chances of getting Full Custody is almost NIL for the following personal opinions :-
a.  Ur a foreigner, the child is a Malaysian
b.  Ur not in gainful employment
c.  Ur not living in Malaysia now and if Ur given Full Custody, U can bring the child back to The Philippines, the Malaysian Father will sure to Lose this son forever, which is not fair to him too.
d. There are 2 children, each parent can get one.
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answered on Aug 22, 2017 at 06:02
by   jeff005
edited Aug 22, 2017 at 06:12
by   jeff005
..
@ Ezra 

Personal Opinions (non-legal)
My suggestions for your case (only) is.. 

1.   Calm yourself down and give birth to second child, your strong mental well being will be essential to the foetus inside u now. Register your child as Citizen of The Philippines, u as single mother. He or she, this second child? 
2.   If have the funds, come back to Malaysia to file for 2 years after date of Marriage with strong grounds, you have 1 year for preparations, who knows, fortune may change and you could be rich by then and have the funds. 
3.   File for Divorce, get some Alimony for yourself and living expenses for second child. 
4.   File for Joint Legal Custody  
5.   File for Overnight Legal Access for specific period of time whenever you visit Malaysia (with the condition that the child's Father holds your passport so that you could not run away with the SON). 

I am in the personal opinion that the chances is every high for getting 3,4,5 above. 

Further notes 
6.   You can get LTSVP (3-6 months) if you are involved in Divorce case, maybe can even claim those expenses from your ex husband if there are strong grounds for your case. 
7.   if you cannot afford the Lawyers fees which is usually high for foreigners, you can get the assistance from NGOs for your predicament. But you still need funds to tide you thru for the period. If you file strong points in your Divorce cases and do not offer Contentious issues, the divorce case can be over in 5 months.(Suggestions - get a Legal Employment  in Malaysia and file then for Divorce).

 i am.workng in.singapore as a resturand.manger, but i lost job becos i get pregnant again
All Foreign Employment Contract have this essential clause :-
(The contract self terminate once a female gets pregnant)
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answered on Aug 22, 2017 at 06:10
by   jeff005
edited Sep 14, 2017 at 06:03
 
As a mother we will do everything for our children 

Let's be Fair.
For the same TOKEN, as a FATHER, we would do anything within our rights and capabilities for our child. Family Law is there!
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answered on Aug 22, 2017 at 15:03
by   Strongmom
edited Sep 14, 2017 at 06:02
 
Our problem is his family, especially his mother.
You are a mother of 2 children now.
How would you feel if your teenage 19 years old son or daughter has sexual relationship with a mature woman or man 10 years older and in a professional occupation?
To top it up.. a Foreigner?

Good Luck and Best wishes to you.
You really need to pay all the expensive lawyers fees.

A Woman blaming another Woman.
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