Access to the child: right or responsibility?
Many a times, a custody proceeding will usually follow a divorce proceeding. If the custody of a child is given to one party, the other party will usually be given access or the opportunity to see or visit the child. A question arises as to whether this access is solely a right or at the same time...
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| Format: | Article |
| Language: | English |
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INSI Publications
2012
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| Online Access: | http://irep.iium.edu.my/26427/ http://irep.iium.edu.my/26427/ http://irep.iium.edu.my/26427/1/Access_to_the_Child.Right_or_Responsibility.pdf |
| Summary: | Many a times, a custody proceeding will usually follow a divorce proceeding. If the
custody of a child is given to one party, the other party will usually be given access or the opportunity
to see or visit the child. A question arises as to whether this access is solely a right or at the same time
a responsibility on the part of the parents. If it is a right, whether it is an absolute or limited right? Are
there situations or circumstances where a parent might not be allowed to exercise his or her right?
What if the children themselves refuse to see their parent? This paper will examine the above issues
from both the civil and Islamic law perspectives. The emphasis will be on Malaysian law but
comparison will be made to other jurisdictions such as English and Scottish. |
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