What If the Other Parent Wants to Move Away With Your Child?

Does a parent need permission to move with the child?

If there is a custody or access order, a parent cannot simply move away with the child and ignore the other parent’s rights. A custody order can set conditions on where the child lives (Section 89 of the Law Reform (Marriage and Divorce) Act 1976).

If you share joint custody, neither of you should make big decisions about where the child lives without the other. Even where one parent has care and control, the other parent’s access must be respected.

The parent who wants to move should get the other parent’s written consent or the court’s permission. Moving without either risks breaching the court order.

For a move out of Malaysia, Section 101 lets the court stop a parent taking the child out of the country, or allow it on conditions.

How do you object?

1. Tell the other parent clearly, in writing, that you object. Keep copies of all messages.
2. If talking does not work, apply to court to stop the move.
3. If the move is about to happen, ask for an interim injunction or an ex parte order.

In your application, explain why the move is not in the child’s best interests: the effect on your relationship, their routine, their school and their support network. The child’s welfare is the court’s main concern.

What does the court consider?

The child’s welfare comes first: how the move affects their physical, emotional and educational wellbeing.

The court asks whether the move is in good faith or meant to cut you out. A real reason, such as returning to family support or a job, helps the moving parent, but the court weighs it against the harm to your bond with the child.

It also looks at the child’s age, the child’s bond with each parent, whether access can still work after the move, and the child’s own wishes if old enough.

What happens to existing orders?

A move does not change the existing order. It stays in force until the court varies it. A parent who moves without a variation may be in breach.

The parent who wants to move should apply to vary the order, with a new access plan for the distance, such as longer holiday visits, video calls and travel arrangements.

You can also apply to vary the order. If the move seriously harms your relationship with the child, the court may consider changing care and control.

What if they have already moved without permission?

Act quickly. Apply to court for the child’s return, and for contempt of court if an order has been breached.

Time matters. The longer the child stays in the new place, the more the court may weigh how settled they have become.

Do not take the child back by force. It can hurt your case and upset the child. Go through the court.

Looking to engage a divorce lawyer? If the other parent is planning to move with your child and you are unsure how to stop it or respond, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.