Child Custody Disputes: An Analysis of Circumstances in Which The Court Awards Custody of Children To Non-Parents in Malaysia

Abstract

One important issue in a divorce where great importance need to be given is the issue on child custody disputes. A marriage may come to an end but the ties between the parent and the children are never severed.  When there is an action for primary custody, the courts presume that the custody should be given to the parent unless there are evidence to show that the parents should not be given the custody. Immediate family members, including grandparents, aunts, uncles, or older siblings, are some of the common suitable third-party custodians. This article examines the child custody disputes by analysing the circumstances in which the court awards the right of custody of a child to a non-parent in Malaysia. Several cases and statutory provisions will be examined in this article. A comparative legal research methodology is employed in comparing the positions in Indiana. The findings of this paper suggest some comprehensive policy and guidelines which can assist the courts in giving rights to third-party caregivers who played a significant role in raising the children while the biological parent was absent.