Child Abduction

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asked on Jan 15, 2010 at 20:18
by   KangarooJudge

I'm a Malaysian living in Ireland for the last 10 years.
Me,my wife and two of my children were living together until we we separated last year.
Me and my wife got married under malaysian Law back in 2000 in Malaysia.
We are going for mediation at the moment to reach separation agreemnt in Ireland because we live here.
Out of the blue my wife rang be and said she is planning to return home for good.
Now she is saying she has no interest in mediation and separation agreemnt in Ireland and wanted to file divorce in Malaysia. I do not agree for her to return home because the man's right in family issue in Malaysia is pretty poor.
We can still file the devorce in Malaysia but I want a separation agreement here so that I have a blue print to protest my rights and my children's. I have a good access here and looking for more including overnight stay, both my children are under 7 years of age. I believe, in Malaysia children under the age of 7 will stay with mother automatically. Knowing this, she want to refuse to have any sort of agreement with me here eventhough we might return to Malaysia in future. Now she is threatning me to take the children away from the state without my consent.

My children have both the Irish Passport and Malaysin passport,even if I get the authority here to revoke the Irish passport, she can still travel to Malaysia with the Malaysian passport. How can I stop her?
If at all she managed to get the children ot of the state, would the Malaysia authority will help me to bring the child back to Ireland?
Any advice will help and appreciated, thank you.
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2 Answers

answered on Jan 16, 2010 at 21:17
by   vkpc
This title of this thread is a misnomer.
Your wife does not need to "abduct" her own children.
She has rights and custody to her own children.

If at all she managed to get the children out of the state, would the Malaysian authority will help me to bring the child back to Ireland?
They have never done that before.  Furthermore she has custody, you only have visitation rights.

The best solution could be that you also return to Malaysia and petition the courts here for visitation rights.
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answered on Jan 21, 2010 at 11:00
by   jose
There are also good family mediators here who can help you and your wife reach a Separation Agreement in Malaysia, and then petition jointly with your wife for a divorce on the terms that you have agreed upon. Refer to the Malaysian Bar Council who can help you with that.
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