In the failure and dissolution of a marriage, the care and custody of and the access to children become key concerns of spouses who are going their separate ways. Much stress and anxiety arise; the stakes are irreducibly personal. Important and strategic decisions need to be taken; urgent steps and applications have to be made to protect the interests of the parties. A clear and confident understanding of how the welfare principle is actually applied, how the tender years presumption is engaged and rebutted, how the courts approach joint custody and shared care, and how an order, once obtained, is enforced, varied, or protected against breach becomes critical.

This book provides direct and practical guidance on key factors to be considered in handling a child custody matter. Throughout, readers are reminded of the welfare of the child, which is the paramount principle which determines the decision of the court when making custody, access and maintenance orders. The relevant statutory provisions are
addressed, and the key case authorities summarised. Pre-emptive steps to prevent the relocation of children overseas are discussed and the use of port alert orders as well as other enforcement measures are explained.

The valuable information provided in this guide includes advocacy and strategy in custody proceedings, a clear account of procedure from the filing of custody proceedings to judgment, measures to handle domestic violence, and instructive checklists and drafting tips. The useful chapter on mediation, collaborative practice and alternative dispute resolution in custody proceedings offers ideas for the resolution of custody conflicts away from the courts.

The deep dive into all relevant matters concerning the determination of the custody of children meets an important need of family law practitioners, counsellors, judges, disputing parties and all those interested in the welfare of children following a contested custody dispute

KEY FEATURES:

– Focused treatment of issues relevant to the determination of custody, access and maintenance.
– Practical advice on matters encountered in actual practice.
– Summaries of key child custody authorities.
– Advice on pre-emptive measures to restrain removal, protect against molestation and ensure meaningful access.
– Instructive checklists and quick reference guide.
– Forms and precedents including specimen non-molestation injunction order, access schedule and consent parenting plan.
– Outline of legal aid in Malaysian family proceedings

About the Author:

Maxine Khoo Ai Theng is a Partner at Messrs Ng, Zainurul, Seke & Khoo, a Malaysian law firm with offices in Kuala Lumpur and Selangor. She graduated with an LLB (Hons) from Universiti Kebangsaan Malaysia and was admitted as an Advocate and Solicitor of the High Court in Malaya in 2014.

Family law forms a core part of her practice. She acts for parents in contested custody, care and control and access proceedings in the High Court, and regularly handles divorce petitions, child and spousal maintenance, the division of matrimonial assets, applications to vary custody orders, intervener applications and committal proceedings for breach of custody and access orders. She also advises at the pre-litigation stage on negotiated parenting arrangements and mediation, and has a particular interest in the enforcement of custody orders and in the protection of children against removal from the jurisdiction.

She was named Rising Star at the Asian Legal Business (ALB) Malaysia Law Awards 2022, has been a finalist for Woman Lawyer of the Year at the same awards, and is recognised in The Legal 500 Asia-Pacific. She also produces legal education content for the public on family law in English, Malay and Chinese.