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新山律师楼
Law Firm Johor Bahru
Frequently asked questions
FAMILY LAW
CONVEYANCING & PROPERTY LAW
CIVIL & COMMERCIAL LITIGATION
WILLS & PROBATE ESTATE ADMINISTRATION
The court prioritises the best interests of the child, considering factors such as stability, well-being, and parental involvement. Both parents may share custody depending on circumstances.
There is no automatic legal rule that a child under 7 must be given to the mother — but there is a commonly applied presumption in case law.
Malaysian courts generally follow the principle that for children of tender years (usually under 7), custody is typically awarded to the mother,unless there are strong reasons to show this is not in the child’s best interest.
Under the Law Reform (Marriage and Divorce) Act 1976 (LRA) Section 88 — The paramount consideration is the welfare of the child.
The court may consider:
Child’s age
Need for maternal care
Stability of environment
Character & ability of each parent
Any risk of harm
The court considers:
For the child:
• Age
• Standard of living before parents separated
• Education needs
• Health needs
For the parents:
• Income and financial ability
• Earning capacity
• Reasonable living expenses
• Number of dependants
•
Both parents must contribute, but not necessarily equally. If one parent earns more, that parent generally pays more.
5. Can I apply for a Protection Order (PO/IPO)?
Yes. Victims of domestic violence can request an Interim Protection Order (IPO) or Protection Order (PO) for safety and legal protection.
Contact Us for Legal Services Johor Bahru (JB)
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