When a marriage breaks down, one concern that may arise is whether a spouse intends to take the children overseas without the other parent’s agreement.
This issue can be particularly serious where the parents are involved in ongoing divorce or child custody proceedings.
Can I Stop My Spouse from Taking Our Child Overseas?
Depending on the circumstances, a parent may apply to the Malaysian Court for an order restraining the other parent from removing the child from Malaysia.
Section 101 of the Law Reform (Marriage and Divorce) Act 1976 provides for certain court orders concerning the removal of children from Malaysia, including where matrimonial proceedings are pending.
Can I Apply for an Urgent Court Order?
Where there is evidence of an imminent risk that a child may be removed from Malaysia, an urgent application may be considered.
The Court will assess the circumstances and determine whether the requested relief is justified.
An application may also involve interim custody, care and control arrangements, depending on the particular facts.
What Evidence May Be Relevant?
Depending on the case, relevant evidence may include communications indicating an intention to relocate the child, travel arrangements, existing custody orders and other documents supporting the concern.
Worried About Your Child Being Taken Overseas?
If you are involved in a divorce or custody dispute and are concerned about your child being removed from Malaysia, consider obtaining legal advice promptly.
TEH & YU assists clients with family law matters, including child custody, care and control disputes and related court applications.
Contact TEH & YU to enquire about your legal options concerning child custody and overseas relocation.