When parents separate or undergo divorce proceedings, disagreements may arise over who should take care of their children. In such circumstances, an application for an Interim Custody, Care and Control Order may be necessary.
What Is an Interim Custody Order?
An interim custody order is a temporary court order that regulates arrangements concerning a child while the underlying legal proceedings are ongoing.
Depending on the circumstances, the order may address:
- Who should have temporary custody of the child;
- Which parent the child should live with;
- Access and visitation arrangements for the other parent; and
- Other conditions necessary to safeguard the child’s welfare.
Can I Apply for Interim Custody During Divorce Proceedings?
Yes. Where appropriate, a parent may apply to the Malaysian Court for interim custody, care and control while divorce proceedings are ongoing.
Under the Law Reform (Marriage and Divorce) Act 1976, the child’s welfare is the paramount consideration when determining custody.
The Court will assess the circumstances of each case before deciding whether the requested interim arrangements should be granted.
How Long Does an Interim Custody Order Last?
An interim custody order generally operates on a temporary basis, subject to its terms and any further orders made by the Court.
Need Assistance with an Interim Custody Application?
If you are involved in a child custody dispute or considering an interim custody application, obtaining legal advice at an early stage may help you understand your options.
TEH & YU is a law firm in Malaysia providing legal services in family law matters, including divorce proceedings and applications concerning child custody, care and control.
Contact TEH & YU to enquire about an interim child custody application in Malaysia.