Malaysia Divorce Law | During Divorce Proceedings, If You Suspect the Other Side May Take the Child Abroad: Should You Apply for a Child Travel Restriction Order Now❓

When Is the Right Time to Apply for a Child Travel Injunction?

Many parents in divorce or custody disputes worry that the child may be taken abroad by the other party.

This leads to an important question: when is the appropriate time to apply?

Timing Is Not Arbitrary

📌 Common Scenario:
Parents are undergoing divorce proceedings and are concerned that the other party may take the child abroad
⚠️ In such cases, an interim or full travel injunction may be applied for

📌 Key Requirement: Evidence, Not Suspicion
⚠️ The court requires actual evidence showing a real possibility that the child may be taken abroad

Examples of Relevant Evidence

📌 Whether flight tickets have been purchased
📌 Whether the child has been enrolled in a school overseas
📌 Whether visa applications (e.g. e-visas) have been initiated

📌 Mere subjective suspicion is insufficient
⚠️ The court must be satisfied that a genuine risk exists before considering an injunction

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