Factors determining welfare of the child in Malaysian civil law of custody: an analysis of decided cases

The welfare or interest of the child is the paramount consideration in deciding disputes relating to custody. Several factors, such as wishes of both the child and parents, preservation of status quo and the age of the child, are usually taken into consideration in determining the interest of the ch...

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Main Author:	Abdul Malek, Normi
Format:	Article
Language:	English
Published:	UKM Press 2011
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/17734/ http://irep.iium.edu.my/17734/ http://irep.iium.edu.my/17734/1/Factors_determining_welfare_of_the_child_in_Malaysia_civil_law_of_custody_%2C_an_analysis_of_decided_cases.pdf

id	iium-17734
recordtype	eprints
spelling	iium-177342012-06-15T00:35:19Z http://irep.iium.edu.my/17734/ Factors determining welfare of the child in Malaysian civil law of custody: an analysis of decided cases Abdul Malek, Normi K Law (General) KPG Malaysia The welfare or interest of the child is the paramount consideration in deciding disputes relating to custody. Several factors, such as wishes of both the child and parents, preservation of status quo and the age of the child, are usually taken into consideration in determining the interest of the child. The question arises as to how far wishes of the parents are considered by the court. Are the child's views followed in all situations? Is the mother always the best in care taking? Another issue is whether to separate the children or not (if there is more than one child in the dispute) in deciding custody disputes. How does conduct of the disputed parties contribute to the interests of the child? Shall the status quo be preserved at all times? Should 'physical, moral and emotional well being' factor be included in the statute? What is the role of a welfare officer in promoting the interests of the child? This article attempts to provide answers to the above questions and at the same time suggestions will be made to improve the law, wherever appropriate UKM Press 2011 Article PeerReviewed application/pdf en http://irep.iium.edu.my/17734/1/Factors_determining_welfare_of_the_child_in_Malaysia_civil_law_of_custody_%2C_an_analysis_of_decided_cases.pdf Abdul Malek, Normi (2011) Factors determining welfare of the child in Malaysian civil law of custody: an analysis of decided cases. Jurnal Undang-undang dan Masyarakat, 15. pp. 169-178. ISSN 1394-7729 http://www.ukm.my/penerbit/juum.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Abdul Malek, Normi Factors determining welfare of the child in Malaysian civil law of custody: an analysis of decided cases
description	The welfare or interest of the child is the paramount consideration in deciding disputes relating to custody. Several factors, such as wishes of both the child and parents, preservation of status quo and the age of the child, are usually taken into consideration in determining the interest of the child. The question arises as to how far wishes of the parents are considered by the court. Are the child's views followed in all situations? Is the mother always the best in care taking? Another issue is whether to separate the children or not (if there is more than one child in the dispute) in deciding custody disputes. How does conduct of the disputed parties contribute to the interests of the child? Shall the status quo be preserved at all times? Should 'physical, moral and emotional well being' factor be included in the statute? What is the role of a welfare officer in promoting the interests of the child? This article attempts to provide answers to the above questions and at the same time suggestions will be made to improve the law, wherever appropriate
format	Article
author	Abdul Malek, Normi
author_facet	Abdul Malek, Normi
author_sort	Abdul Malek, Normi
title	Factors determining welfare of the child in Malaysian civil law of custody: an analysis of decided cases
title_short	Factors determining welfare of the child in Malaysian civil law of custody: an analysis of decided cases
title_full	Factors determining welfare of the child in Malaysian civil law of custody: an analysis of decided cases
title_fullStr	Factors determining welfare of the child in Malaysian civil law of custody: an analysis of decided cases
title_full_unstemmed	Factors determining welfare of the child in Malaysian civil law of custody: an analysis of decided cases
title_sort	factors determining welfare of the child in malaysian civil law of custody: an analysis of decided cases
publisher	UKM Press
publishDate	2011
url	http://irep.iium.edu.my/17734/ http://irep.iium.edu.my/17734/ http://irep.iium.edu.my/17734/1/Factors_determining_welfare_of_the_child_in_Malaysia_civil_law_of_custody_%2C_an_analysis_of_decided_cases.pdf
first_indexed	2023-09-18T20:26:44Z
last_indexed	2023-09-18T20:26:44Z
_version_	1777408466871123968

Factors determining welfare of the child in Malaysian civil law of custody: an analysis of decided cases

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