Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 36

Question 98

🔹 When deciding whether to award custody of the child to the father or mother, will the court consider the child’s wishes?

🔸 Yes. When listening to the child’s wishes, the court will also evaluate whether the child has reached an age capable of expressing an independent opinion, while treating the child’s welfare as the paramount consideration.

Question 99

🔹 If the parties have more than one child, are there any additional considerations for the court?

🔸 The court tends to lean towards awarding custody of multiple children to the same party so that the children can grow up together in the company of their siblings.

Question 100

🔹 Can I request the court to impose additional attached conditions when applying for child custody?

🔸 The court may attach conditions to a custody judgment, including:

• The child’s residence, education, or even religion;

• Allowing the child to visit the other party or the other party’s family members at specified times and frequency;

• Granting access rights to the other party or the other party’s family members;

• Restraining the party granted custody from taking the child out of Malaysia.