Dear Dad: You Matter Too

In the 21st century, more and more men have become actively involved in the day-to-day care of their children and this has resulted in issues pertaining to a father’s legal right to become increasingly prevalent in family law.

Society still clings to the outdated notion that moms are the default caregivers, while dads are simply "weekend parents".

Therefore, it is crucial for fathers to be informed of the following legal rights: -

1. If your child is below 7 years old, you may obtain custody of your child if :-

   1. you can prove that your spouse is unfit to look after your child i.e. her ability to provide the child with love, care, dedication and a stable home is severely affected; or

   2. your child is currently residing with you. You may seek for an order for custody of your child. In cases like this, the court’s primary concern is to maintain the status quo and not disturb the life of a child by changes of custody.

      
      

2. If your child is above 7 years old and is able to express an independent opinion, your child can decide if he or she wants to live with you

If your child is more comfortable living with you and is able to express clearly his or her intentions to the Court, the Court will validate your child’s wishes if your child is proven to have reached the level of maturity and understanding to express his or her personal opinion. The court recognizes the wishes of a child provided that it is in the best interest of the child.

3. If you are prevented from seeing your child before a divorce is finalized, you can obtain an order from the Court to allow you to see your child until your divorce is finalized

In most cases, once either the mother or father leaves the matrimonial home, a child’s relationship with his or her father becomes affected. This is inevitable because they do not have the luxury of being able to spend time together as how they were able to do before when they were residing under the same roof. 

Sometimes, the access of a father to his child is being limited or in extreme cases completely obstructed. If immediate legal action is not taken, it may be a little too late to fix the relationship until after a divorce is granted because by then the child would have lost the attachment to his or her father. Therefore, in cases where you are being deprived of access to your child pending the divorce, an option to seek for an interim order also known as a temporary order from the Court is available to allow you to see your child and spend time with your child until the divorce is finalized. With an interim order in place, the father and child relationship can be preserved and further strengthened during the divorce process, which would then allow the relationship to continue to flourish even after the divorce.  

4. Even if you do not have physical custody of your child, it is your legal right to be given access to your child

   
   

If you are under the opinion that it is in the best interest of your child to reside with your spouse, it is important for you to know that as a father you are entitled to have access to your child. The law acknowledges the importance of the continuous involvement of a father in his child’s life after a divorce through contact. Many presume that contact is only limited to the weekend. However, access in Malaysia also includes weekday access, overnight access, access on public holidays, access on school holidays, access during festivals and special occasions such as Father’s Day as well as access on birthdays (subject to the needs and comfort of your child). It is important to be aware of the types of access available so that an application to the Court can be made accordingly. 

5. It is also your parent’s legal right to be given access to your child

   
   

Our law also recognizes the loving relationship between a grandparent and a child especially if the grandparents had spent a considerable amount of time with the child, which is a common occurrence in households these days when both mother and father are working adults.  In such instances, the child would have developed an attachment to the grandparent(s) and often times, when a marriage has broken down, the child’s relationship with his or her paternal grandparent(s) would be threatened especially if the child is no longer residing with his or her father. If this is your situation, the law has a provision to grant legal rights to your mother and/or father to be given right of access to your child after and during the divorce.

Whether or not a father is able to obtain custody of his child, the legal system in Malaysia undoubtedly acknowledges the significance and importance of a father in the healthy growth and development of a child. 

There are ample of precedents to demonstrate that the Courts are inclined to promote and encourage the presence of both parents in a child’s life. Children who have available and present fathers grow up to become more secure adults. It is important for society to recognize that a failed marriage does not equate to a failed father and child relationship, and in every dispute the children should and must always come first. 

 A GOOD FATHER IS ONE OF THE MOST UNSUNG, UNPRAISED, UNNOTICED AND YET ONE OF THE MOST VALUABLE ASSETS IN OUR SOCIETY

– BILLY GRAHAM

Should you have any queries regarding child custody, please do not  hesitate to contact me via WhatsApp on +6012 5325660 or email info@piyalawchambers.com