CUSTODY ISN'T AUTOMATIC
A Guide to Securing Custody, Access, or Guardianship of Your Child in Malaysia.
An Infographic By
A Guide to Securing Custody, Access, or Guardianship of Your Child in Malaysia.
An Infographic By
Malaysian courts have one primary focus in all custody matters: the welfare and best interests of the child. Parental rights are secondary to the child's need for stability, safety, and well-being.
Your case is governed by the Law Reform (Marriage and Divorce) Act 1976 (LRA). Custody is typically decided during or after divorce proceedings.
Your case falls under the Guardianship of Infants Act 1961 (GIA). The mother has default custody, and the father must formally apply to the court for rights.
You must start a formal court process. An unmarried father, for example, files an Originating Summons (OS) under the GIA.
Key Takeaway:
You do not need the other parent's permission to start this process. It is your legal right to apply.
The other parent will respond to your application. Their response determines how the case proceeds.
The other parent agrees. You file a Consent Order. This is the fastest, cheapest, and most amicable route.
The other parent objects by filing an Affidavit in Reply. The case now becomes a dispute for the court to resolve.
The court will evaluate the evidence from both sides to determine the child's best interest.
The Court May Order:
The court issues a legally binding order that defines each parent's rights and responsibilities.
The right to make major decisions for the child (education, religion, healthcare). Often granted jointly.
Determines which parent the child lives with day-to-day. Usually awarded to one parent for stability.
The non-resident parent's right to scheduled visits, calls, and time with the child.
Overall legal responsibility for the child's welfare. Similar to custody and often granted jointly.