Guardianship of Infants Act 1961

The Guardianship of Infants Act 1961 is a Malaysian law about who looks after a child and who makes decisions for them. Here, “infant” simply means a child under 18.

Section 3 of the Act says that in any case about custody, the court must look at the welfare of the child. This is the same idea found in the divorce law, Act 164.

Why it matters: in a custody dispute, the court’s first question is what is best for the child, not which parent is more deserving.