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School Holiday Access After Divorce in Malaysia

How to share school breaks, festive days and holiday travel with your ex.

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2 min readUpdated 7 Oct 20261 sourceLaw Reform (Marriage and Divorce) Act 1976
Contents

Why holidays need their own plan

Normal weeks follow a routine. School holidays, festive gatherings and trips break it, and a general access order rarely covers them well.

A separate holiday plan gives your child something to look forward to instead of a tug of war.

Sharing the long school breaks

Malaysian schools have mid-year and year-end breaks, plus shorter mid-term ones. Decide early how each long break is split. Some parents divide it in half; others alternate weeks.

Agree who looks after the child while you are both working. Put pick-up and drop-off dates in writing so there is no last-minute scramble.

Festive seasons

Festivals such as Chinese New Year, Deepavali or Christmas usually mean reunion meals and visiting relatives. Where possible, your child should enjoy both sides of the family.

Common options are to alternate the main day each year or to split the day. If grandparents live far away, plan balik kampung trips in advance.

Public holidays and long weekends

These are easy to forget until they clash. Decide whether they follow the normal weekly schedule or rotate between you.

If one parent wants a long weekend for a short trip, agree how much notice they must give.

Travelling with your child

Where custody is shared, taking the child overseas generally needs the other parent’s consent, and consent may matter for the passport too. Do not just book and go.

Ask for written consent early, with dates, destination and contact details. If the other parent refuses without good reason, a lawyer can ask the court for permission to travel.

Put it in an access order

Spoken holiday plans often fall apart under pressure. An access order under the LRA 1976 (a court order setting when each parent has the child) can set out school breaks, festive days, public holidays and travel rules.

If your current order is vague, or the other parent keeps breaking it, the order can be varied or enforced.

Looking to engage a divorce lawyer? If you and your ex keep clashing over holiday time and are unsure how to fix it, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.

Frequently asked questions

Do I need my ex's consent to take our child overseas for the holidays?
Where custody is shared, taking the child abroad usually needs the other parent's consent, and it may also be needed for the passport. Get written consent well ahead. If it is refused unreasonably, a lawyer can ask the court for permission to travel.
How are festivals like Chinese New Year or Deepavali usually shared?
Many parents alternate the main festive day each year, or split the day so the child sees both families. The arrangement can be written into an access order so it is clear every year.
My ex ignores the agreed holiday plan. What can I do?
Write down each time the plan is broken. If it keeps happening, an access order with fixed dates can be enforced, unlike a loose understanding. A lawyer can help formalise the schedule or enforce an existing order.

Looking to Engage a Divorce Lawyer?

For people seeking legal representation. For general information, use our guides and tools.