Something You Should Know
The factors that help the court to decide child custody are:
- Most importantly, the welfare of the child;
- The wishes of the parents; and
- The wishes of the child, if capable of independent opinion.
The court would presume that it is for the good of child below seven (7) years old of age to be with his or her mother. However, this presumption is rebuttable by providing proof of evidence that the mother is not fit to have the custody of the child.
The Court could take into consideration of the wishes of the child if he/she is capable of independent opinion.
There are ways that your spouse can bring your child away form Malaysia. If you sense such possibility, you should consult a lawyer. With the lawyer's advise, you can file an application to restrain your spouse from taking your child out of Malaysia.
Yes, a separate custody application can be made anytime about custody before divorce application.
You should consult a lawyer. with lawyer's advice, you can apply for interim custody and/or access to the child from the High Court.