Child Custody in Sandakan

Child custody in Sandakan

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 Sandakan

Custody cases from Sandakan are filed at the High Court in Sabah and Sarawak at Sandakan. Sabah is in East Malaysia, where the High Court in Sabah and Sarawak has its own rules and court lists.

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 Sandakan, see civil divorce information for Sandakan.

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.