Yew Huoi, How & Associates | Leading Malaysia Law Firm

Menu

Custody of Children, and Maintenance of Wife and Children – What comes next on your child after a divorce?

Have you been wondering what comes next on your child after a divorce? Read on as we will cover the following topic:-

  1. Guardianship and Custody of Children, and
  2. Maintenance of Wife and Children

First of all, let us understand how is child defined.

Under the Guardianship of Infants Act 1961 – An infant means a person who has not attained his/her majority; For Muslim that is under 18 years old, and for Non-Muslim is below 21 years old.

Under the Law Reform (Marriage & Divorce) Act 1976 – A “Child” basically means child of marriage.

What is Child of Marriage ?
Child of Marriage basically means the child of both parties to the marriage, this includes illegitimate child, and adopted child below age of 18 years old.

Guardianship of the child
Guardianship of Infants Act 1961:
What is guardianship?
Relation arise when the child is incapable to manage themselves.
Guardianship includes rights to determine name, discipline and religion of the child.

Main consideration taken by court in determining matters relating to guardianship of the child:
THE WELFARE PRINCIPLE  the welfare of the child

The court will also consider the wishes of the parents in line with the welfare principle.

Back to Latest Legal Updates

Recent Post

WHEN CARGO GOES ASTRAY: THE RISKS OF DELIVERING WITHOUT A BILL OF LADING

A recent High Court ruling involved a plaintiff who suffered severe brain damage after an emergency caesarean section at 33 weeks of pregnancy due to alleged medical negligence. The court examined whether the medical team breached their duty of care by failing to properly monitor the patient, resulting in oxygen deprivation and irreversible damage. The defendants, including doctors and nurses, were found liable for not acting on clear warning signs, leading to significant damages awarded to the plaintiff for her physical and mental disabilities.

Read More »
7 October ,2024 No Comments

TORT — NEGLIGENCE — MEDICAL NEGLIGENCE — A MISSED LIFELINE: COURT HOLDS MEDICAL TEAM LIABLE FOR BRAIN DAMAGE IN HIGH-RISK PREGNANCY CASE

A recent High Court ruling involved a plaintiff who suffered severe brain damage after an emergency caesarean section at 33 weeks of pregnancy due to alleged medical negligence. The court examined whether the medical team breached their duty of care by failing to properly monitor the patient, resulting in oxygen deprivation and irreversible damage. The defendants, including doctors and nurses, were found liable for not acting on clear warning signs, leading to significant damages awarded to the plaintiff for her physical and mental disabilities.

Read More »
7 October ,2024 No Comments

NAVIGATING LIABILITY: THE UNSEAWORTHINESS OF THE FJORD WIND AND ITS LEGAL CONSEQUENCES

The Court of Appeal ruled in The Fjord Wind case that the vessel was unseaworthy at the time of departure from Rosario on 30.06.1990, due to known issues with the crankpin bearings that had not been adequately addressed. This unseaworthiness led to a main engine failure shortly after departure, necessitating the transhipment of cargo and incurring additional costs.

The court found the shipowners liable for damages, emphasizing their failure to exercise due diligence in maintaining the vessel’s seaworthiness. The ruling underscores the critical importance of thorough inspections and repairs in maritime operations, highlighting the legal responsibilities of shipowners to prevent unseaworthiness and related liabilities.

Read More »
7 October ,2024 No Comments

STRATA MANAGEMENT – COMMON PROPERTY CONUNDRUM: CENTRALIZED AC COSTS AND THE STRATA MANAGEMENT DEBATE

In a recent legal dispute, the classification of centralized air conditioning facilities (CACF) as common property has come under scrutiny. The Plaintiff, a parcel owner in Tower A of Menara UOA Bangsar, challenged the Management Body’s use of maintenance funds for the upkeep of CACF, which primarily benefits parcels in Tower B. The court is likely to dismiss the Plaintiff’s claim, reinforcing the principle that as long as CACF serves two or more occupiers, it is deemed common property, thus falling under the Management Body’s purview without requiring reimbursement from individual parcel owners.

Read More »
7 October ,2024 No Comments
en_USEN
zh_TWZH ms_MYMY en_USEN
× Contact Us