Obstacles and challenges in implementing and applying shared parenting principle in Malaysia

Malaysian legislations on child custody emphasise that welfare of the child shall be the paramount consideration. However, the legislations do not have any provisions on shared parenting principle and specific guidelines on its implementation and application. Amendments were made to laws to includ...

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Main Authors:	Ali, Suzana, Che Soh @ Yusoff, Roslina, Mohd Zin, Najibah
Format:	Article
Language:	English
Published:	Lexis Nexis 2017
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/60986/ http://irep.iium.edu.my/60986/ http://irep.iium.edu.my/60986/1/Obstacles_and_Challenges_in_Implementing_and.pdf

id	iium-60986
recordtype	eprints
spelling	iium-609862018-01-04T08:03:47Z http://irep.iium.edu.my/60986/ Obstacles and challenges in implementing and applying shared parenting principle in Malaysia Ali, Suzana Che Soh @ Yusoff, Roslina Mohd Zin, Najibah K Law (General) KPG Malaysia Malaysian legislations on child custody emphasise that welfare of the child shall be the paramount consideration. However, the legislations do not have any provisions on shared parenting principle and specific guidelines on its implementation and application. Amendments were made to laws to include a provision of equal parental rights but it does not directly relate to the principle of shared parenting which emphasises on the parental responsibilities. The vagueness of the laws and the absence of the proper guidelines in relation to shared parenting opens the doors for the courts to have inconsistent decisions in determining custodial rights and often decide in favour of sole custody. The absence of specific laws on shared parenting has also caused difficulties for the parents to cooperate for the sake of the children. They have a tendency to focus on their conflicts and fighting for their own rights rather than to focus on the welfare of the children as they do not know or have limited knowledge on the significance of practicing shared parenting. This article seeks to discuss the obstacles and challenges in implementing and applying shared parenting after marital separation in Malaysia. A very brief comparative overview on the application of shared parenting in Australia is explained to see how they go about with this concept. As Malaysia practises a dual legal system, this article will examine the suitability of the shared parenting principle to be applied in both systems. Analysis of cases from the Civil and Shariah Courts will be made to identify the extent of the courts' effort in applying the principle. Finally, this article will provide comments and suggestions to improve the current law in Malaysia. Keywords: Child Custody, Welfare of the Child, Shared Parenting, Malaysian Laws Lexis Nexis 2017-08 Article PeerReviewed application/pdf en http://irep.iium.edu.my/60986/1/Obstacles_and_Challenges_in_Implementing_and.pdf Ali, Suzana and Che Soh @ Yusoff, Roslina and Mohd Zin, Najibah (2017) Obstacles and challenges in implementing and applying shared parenting principle in Malaysia. Malayan Law Journal, 4. pp. 1-6. ISSN 0025-1283 http://www.lexisnexis.com.my/en-my/products/malayan-law-journal.page
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 Ali, Suzana Che Soh @ Yusoff, Roslina Mohd Zin, Najibah Obstacles and challenges in implementing and applying shared parenting principle in Malaysia
description	Malaysian legislations on child custody emphasise that welfare of the child shall be the paramount consideration. However, the legislations do not have any provisions on shared parenting principle and specific guidelines on its implementation and application. Amendments were made to laws to include a provision of equal parental rights but it does not directly relate to the principle of shared parenting which emphasises on the parental responsibilities. The vagueness of the laws and the absence of the proper guidelines in relation to shared parenting opens the doors for the courts to have inconsistent decisions in determining custodial rights and often decide in favour of sole custody. The absence of specific laws on shared parenting has also caused difficulties for the parents to cooperate for the sake of the children. They have a tendency to focus on their conflicts and fighting for their own rights rather than to focus on the welfare of the children as they do not know or have limited knowledge on the significance of practicing shared parenting. This article seeks to discuss the obstacles and challenges in implementing and applying shared parenting after marital separation in Malaysia. A very brief comparative overview on the application of shared parenting in Australia is explained to see how they go about with this concept. As Malaysia practises a dual legal system, this article will examine the suitability of the shared parenting principle to be applied in both systems. Analysis of cases from the Civil and Shariah Courts will be made to identify the extent of the courts' effort in applying the principle. Finally, this article will provide comments and suggestions to improve the current law in Malaysia. Keywords: Child Custody, Welfare of the Child, Shared Parenting, Malaysian Laws
format	Article
author	Ali, Suzana Che Soh @ Yusoff, Roslina Mohd Zin, Najibah
author_facet	Ali, Suzana Che Soh @ Yusoff, Roslina Mohd Zin, Najibah
author_sort	Ali, Suzana
title	Obstacles and challenges in implementing and applying shared parenting principle in Malaysia
title_short	Obstacles and challenges in implementing and applying shared parenting principle in Malaysia
title_full	Obstacles and challenges in implementing and applying shared parenting principle in Malaysia
title_fullStr	Obstacles and challenges in implementing and applying shared parenting principle in Malaysia
title_full_unstemmed	Obstacles and challenges in implementing and applying shared parenting principle in Malaysia
title_sort	obstacles and challenges in implementing and applying shared parenting principle in malaysia
publisher	Lexis Nexis
publishDate	2017
url	http://irep.iium.edu.my/60986/ http://irep.iium.edu.my/60986/ http://irep.iium.edu.my/60986/1/Obstacles_and_Challenges_in_Implementing_and.pdf
first_indexed	2023-09-18T21:26:28Z
last_indexed	2023-09-18T21:26:28Z
_version_	1777412224733675520

Obstacles and challenges in implementing and applying shared parenting principle in Malaysia

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