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The conflicts of child custody in Malaysia: sole custody vs joint custody

Generally, the law relating to custody and visitation rights after divorce advocates the best interests of the child as the main consideration and these interests are adopted through sole or joint custody. Recent sociological studies indicate that under sole custody, custody of the child is mostly...

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Main Author: Kamaruddin, Zaleha
Format: Monograph
Language:English
Published: [s.n] 2012
Subjects:
BP3790 Criminal law and procedure
KBP1468 Social laws and legislation
Online Access:http://irep.iium.edu.my/31224/2/Report_-_Project_IV.pdf
http://irep.iium.edu.my/31224/
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spelling my.iium.irep.312242013-09-17T08:51:24Z http://irep.iium.edu.my/31224/ The conflicts of child custody in Malaysia: sole custody vs joint custody Kamaruddin, Zaleha BP3790 Criminal law and procedure KBP1468 Social laws and legislation Generally, the law relating to custody and visitation rights after divorce advocates the best interests of the child as the main consideration and these interests are adopted through sole or joint custody. Recent sociological studies indicate that under sole custody, custody of the child is mostly awarded to the mother. It means that the mother obtains the residence of the child and parental responsibility as well as care for the child. Visitation rights are mostly awarded to the divorced father. The main problem arising from sole custody is the lack of contact between the child and the father. The other problem is child support obligation. Common cited reasons of these problems include parental remarriage, financial status, negligence, responsibility as well as care for the child, and geographical distance. Therefore, joint custody has been adopted by some countries in the name of legal reform to resolve these problems. This study discusses and analyses based on the Malaysian sample the patterns of the decisions of the civil and Shari’ah courts, experiences, and challenges faced by the divorced parents and the children regarding custody and visitation rights through the quantitative (1302 court cases) and qualitative (19 informants) methods. This study confirms patterns made by previous research which indicates the dominance of sole custody. Under sole custody, custody of the child is mostly awarded to the mother and visitation rights are mainly granted to the father. This study also identifies the main problem regarding the arrangements which is the lack of contact between the child and the father. Common reasons behind the problem include remarriage, financial status, and parental negligence. Interestingly, there is also the recognition of joint custody based on facts of the case. Apart from the custody and visitation rights after divorce arrangements, the residence of the child, visitation rights, and parental responsibility as well as care for the child are also considered. This study is relevant and important to policy makers and researchers working in similar areas. [s.n] 2012-05-18 Monograph REM application/pdf en http://irep.iium.edu.my/31224/2/Report_-_Project_IV.pdf Kamaruddin, Zaleha (2012) The conflicts of child custody in Malaysia: sole custody vs joint custody. Research Report. [s.n]. (Unpublished)
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic BP3790 Criminal law and procedure
KBP1468 Social laws and legislation
spellingShingle BP3790 Criminal law and procedure
KBP1468 Social laws and legislation
Kamaruddin, Zaleha
The conflicts of child custody in Malaysia: sole custody vs joint custody
description Generally, the law relating to custody and visitation rights after divorce advocates the best interests of the child as the main consideration and these interests are adopted through sole or joint custody. Recent sociological studies indicate that under sole custody, custody of the child is mostly awarded to the mother. It means that the mother obtains the residence of the child and parental responsibility as well as care for the child. Visitation rights are mostly awarded to the divorced father. The main problem arising from sole custody is the lack of contact between the child and the father. The other problem is child support obligation. Common cited reasons of these problems include parental remarriage, financial status, negligence, responsibility as well as care for the child, and geographical distance. Therefore, joint custody has been adopted by some countries in the name of legal reform to resolve these problems. This study discusses and analyses based on the Malaysian sample the patterns of the decisions of the civil and Shari’ah courts, experiences, and challenges faced by the divorced parents and the children regarding custody and visitation rights through the quantitative (1302 court cases) and qualitative (19 informants) methods. This study confirms patterns made by previous research which indicates the dominance of sole custody. Under sole custody, custody of the child is mostly awarded to the mother and visitation rights are mainly granted to the father. This study also identifies the main problem regarding the arrangements which is the lack of contact between the child and the father. Common reasons behind the problem include remarriage, financial status, and parental negligence. Interestingly, there is also the recognition of joint custody based on facts of the case. Apart from the custody and visitation rights after divorce arrangements, the residence of the child, visitation rights, and parental responsibility as well as care for the child are also considered. This study is relevant and important to policy makers and researchers working in similar areas.
format Monograph
author Kamaruddin, Zaleha
author_facet Kamaruddin, Zaleha
author_sort Kamaruddin, Zaleha
title The conflicts of child custody in Malaysia: sole custody vs joint custody
title_short The conflicts of child custody in Malaysia: sole custody vs joint custody
title_full The conflicts of child custody in Malaysia: sole custody vs joint custody
title_fullStr The conflicts of child custody in Malaysia: sole custody vs joint custody
title_full_unstemmed The conflicts of child custody in Malaysia: sole custody vs joint custody
title_sort conflicts of child custody in malaysia: sole custody vs joint custody
publisher [s.n]
publishDate 2012
url http://irep.iium.edu.my/31224/2/Report_-_Project_IV.pdf
http://irep.iium.edu.my/31224/
_version_ 1643610001504206848
score 13.211869

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