One common concern among separating parents is whether they must wait until their divorce is completed before seeking a court order concerning their children.
The answer is no. You do not necessarily have to wait until your divorce is finalised.
What Happens to the Children While Divorce Proceedings Are Ongoing?
Divorce proceedings may take several months or longer, particularly where the divorce is contested.
During this period, parents may disagree over important matters such as:
- Which parent the children should live with;
- Who should be responsible for their daily care;
- Whether the other parent should have visitation rights; and
- How parenting arrangements should be managed pending the divorce.
Where these issues cannot be resolved amicably, an interim custody, care and control application may be considered.
What Does the Court Consider?
In deciding custody matters, the Malaysian Court places primary importance on the welfare of the child.
The Court may consider the child’s existing living arrangements, stability, care requirements and other relevant circumstances.
Is Interim Custody the Same as Permanent Custody?
No. An interim custody order is temporary and does not necessarily determine the final custody arrangements.
The Court may subsequently make further orders after considering the evidence and circumstances of the case.
Speak to a Child Custody Lawyer in Malaysia
If you are going through a separation or contested divorce and are concerned about your children’s living arrangements, you may wish to seek legal advice on whether an interim custody application is appropriate.
TEH & YU assists clients with divorce proceedings and child custody, care and control matters in Malaysia.
Contact our firm to arrange a consultation regarding your child custody concerns.