Tagged Knowledge Base
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Custody and guardianship
An important question that concerns parents' legal rights over their children who are minor as well as the obligations towards them is custody and guardian. Rights and obligation of parents are...
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Who is considered a child of marriage?
A child of marriage is: a child of both parties who is under the age of eighteen (18) years; a child of one party to the marriage accepted by the other party; an illegitimate child; and or a child...
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Who is a minor? What is the definition of a child?
In Malaysia, a minor is defined as one who has not attained the age of majority. Under the civil law, the age of majority is 18. Age of Majority Act 1971 [Act 21] 2. Age of majority Subject to...
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Who has the right of custody over a child?
Custody lies with both parents in a marriage. Custody may be granted to only one parent. In a divorce the other parent is given visitation rights. If the child is illegitimate, the law dictates...
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What are the differences between an illegitimate and legitimate child?
If the parent dies intestate, a legitimate child is entitled to property from both parents. An illegitimate child cannot inherit his or her father's property if the father dies intestate. However,...
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Who has the right of custody over children of the marriage?
The Court may at any time place a child of the marriage in the custody of one of the following persons: either of the child's parents; or where there are exceptional circumstances making it...
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How does the court decide whom to award custody in an application?
The factors which help the Court to decide on the most suitable guardian are: Most importantly, the welfare of the child; The wishes of the parents; The wishes of the child if capable of...
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If the custody of a child is given to one parent, can the other still see him/her?
Yes, the other parent will have visitation rights. To protect the visitation rights, that parent will have to include in the custody order his/her right to see the child and to stipulate expressly...
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Can I prevent the other parent from taking children out of Malaysia?
Yes. The Court also has powers to restrain the parent of a child from taking a child out of Malaysia. An application can be made either at the time when any matrimonial proceeding is pending or...
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Whose duty is it to maintain the children?
Whether or not the child is in the custody of a parent, it is the duty of both parents to provide or pay for the following items for the child; having regard to the parent's means and station in...
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