Child Custody in Kuala Lumpur

Child custody in Kuala Lumpur

The law splits custody into two parts. Legal custody is about who makes the big decisions, such as schooling. Care and control is about who the child lives with day to day.

The court can give these to different parents, so both of you can stay involved.

How the court decides

Under section 88 of the Law Reform (Marriage and Divorce) Act 1976, the child’s welfare comes first. The court also considers what each parent wants, and what the child wants once old enough to give an independent view.

If you have more than one child, the court looks at each child separately.

If you agree, and if you do not

If you both agree on custody, the terms can go into a joint petition and are settled with the divorce. If you disagree, the court hears the custody dispute, which can take several months. Raise it with your lawyer early.

Filing in Kuala Lumpur

Custody cases from Kuala Lumpur are filed at the High Court of Malaya at Kuala Lumpur. Kuala Lumpur (Federal Territory) falls under the High Court of Malaya, which hears non-Muslim family cases in Peninsular Malaysia.

The law is the same across Malaysia. What differs is the court you attend and its schedule.

Read more

For the full national guide, see Child Custody. For filing details in Kuala Lumpur, see civil divorce information for Kuala Lumpur.

Looking to engage a divorce lawyer? If you are unsure which custody arrangement to ask for, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.