Family · Cross-border custody
Your child is in another country and the return date has passed. Where do you start?
Not with the Hague Convention. Malaysia is not a party to the Hague Abduction Convention, so there is no Convention return application to make from here. These matters turn on the domestic route and on moving early; the calendar matters more here than in almost any other family matter.
Three things to put in writing today
- 01
The dates.
When the child left. The return date that was agreed, and how it was agreed. School terms. Any flight booked. Dates carry more weight than adjectives.
- 02
The paper.
Any court order, written agreement or consent about custody, access or travel. The child’s passport details, and who holds the passports.
- 03
Where home was.
Where the child lived, went to school and saw a doctor before leaving, and for how long. Where a child’s life was centred is a question courts in either country may ask early.
The domestic route
For a civil marriage, custody is decided under the Law Reform (Marriage and Divorce) Act 1976. For Muslim families it sits with the Syariah courts. Either way, the application is made in Malaysia.
What this page cannot see
Which court should hear it first, and how fast.
That turns on the three things above. Set them down today, with the next date that matters.
Six steps, about twelve minutes. It is read by Raul, not by a clerk or an assistant.
Longer read: Family law: how the work is done
General information only. Not legal advice. Reading this page or sending a brief does not create a solicitor and client relationship; that begins only on a written engagement.