Disputes concerning child access and visitation are common when a marriage breaks down.
In some situations, one parent may prevent the other parent from seeing or communicating with their child, even before the divorce proceedings have been finalised.
What legal options are available if your spouse refuses to let you see your child?
Can I Apply for a Court Order?
Depending on the circumstances, you may consider applying to the Malaysian Court for an interim order concerning custody, care and control, or access and visitation.
Such an order may provide temporary arrangements regarding when and how you can spend time with your child while the underlying proceedings remain ongoing.
What If My Spouse Does Not Agree?
An application for interim access or visitation does not necessarily require both parents to agree.
Where an application is contested, the Court will consider the evidence presented by the parties before making its decision.
Under the Law Reform (Marriage and Divorce) Act 1976, the welfare of the child remains the paramount consideration in custody matters.
What If There Is Already a Court Order?
If an existing custody or access order is being breached, the appropriate legal steps may differ from those required for a new application.
You should obtain legal advice regarding the terms of the existing order and the remedies potentially available.
Need Legal Assistance with Child Access or Visitation?
If your spouse is preventing you from seeing your child, it may be important to understand your legal rights and options before taking further action.
TEH & YU provides legal services involving child custody, care and control, access and visitation disputes in Malaysia.
Contact TEH & YU to enquire about an interim child access or visitation application.