Custody Mistakes to Avoid in Malaysia
The common actions that can weaken your position in a custody case, and what to do instead.
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Badmouthing the other parent
Speaking badly about the other parent in front of your child is one of the most damaging mistakes. Under Section 88(2) of the Law Reform (Marriage and Divorce) Act 1976, the child’s welfare is the paramount (most important) consideration, and that includes their emotional wellbeing.
It leaves the child feeling torn, guilty or anxious. Courts accept that children do better with a healthy relationship with both parents.
If a welfare officer sees signs of this during their visit, it goes into the welfare report. A judge will see a parent who undermines the child’s bond with the other parent as acting against the child’s interests.
Blocking access
Refusing to let the other parent see the child is another common mistake. If there is a court order, doing so without a good reason can be treated as contempt of court. Even before any order, it reflects badly on you.
The court looks at whether each parent supports the child’s relationship with the other. A parent who keeps blocking visits appears not to put the child’s needs first.
There can be good reasons to limit access, such as real safety concerns or evidence of abuse. Back them up with evidence and raise them through the court where you can. Cutting off access on your own can backfire.
Careless social media
Posts, photos, check-ins and comments can all be screenshotted and shown in court. A harmless post can look very different in a custody dispute.
Photos of late nights, drinking or an unsettled lifestyle can be used to question whether you are fit to have custody. So can angry comments about your spouse or details about the case.
Post as little as possible while the case is on. Do not discuss the case, the other parent or the court online. Even private posts can be screenshotted.
Not keeping records
In a custody case, what you can prove matters more than what you remember. Without records, it is your word against the other parent’s.
Keep a simple log of your daily care:
- school pick-ups and drop-offs
- medical appointments
- meals, homework and activities
- receipts for school fees, medical bills, clothes and activities
Write down any incident that matters, such as missed visits, late arrivals or bad behaviour, with the date, time and names of any witnesses. Notes made at the time are more believable than memories months later.
Ignoring court orders
Custody orders under the LRA 1976 and the Guardianship of Infants Act 1961 are legally binding. Breaking them can lead to contempt proceedings, fines or, in extreme cases, jail.
It also tells the judge you may not follow future orders, including access for the other parent. That can hurt your chances of custody.
If an order seems unfair or does not work, apply to the court to vary (change) it. Do not simply ignore it. Your lawyer can explain how.
Looking to engage a divorce lawyer? If you are in a custody dispute and worried that something you have done may count against you, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.
Frequently asked questions
Can badmouthing my spouse affect my custody case?
What happens if I deny the other parent access to the child?
Should I avoid social media during a custody case?
Related reading
What Evidence Do You Need for a Custody Case in Malaysia?
What evidence helps in a custody case in Malaysia: school and medical records, messages, witnesses, and the welfare report, and how to organise them early.
Child Custody in a Malaysian Divorce
Child custody in Malaysia under the LRA 1976: sole and joint custody, access, the presumption for children under seven, and how the court decides.
What Is a Welfare Report in a Custody Case?
A welfare report in a Malaysian custody case: what the JKM welfare officer checks, how much weight the judge gives it, and how to prepare for the home visit.
What Happens at a Custody Hearing in Malaysia?
What happens at a custody hearing in Malaysia: filing, interim orders, welfare reports, case management, trial and how the judge decides.
Child Access Schedules After Divorce: Common Examples
Common child access schedules after divorce in Malaysia: alternate weekends, weekday overnights, school holidays, festivals and birthdays under the LRA 1976.
Child Access Rights After Divorce in Malaysia
Child access rights in Malaysia after divorce: reasonable, defined and supervised access under the LRA 1976, how courts decide, and how orders are enforced.
Looking to Engage a Divorce Lawyer?
For people seeking legal representation. For general information, use our guides and tools.