Children’s right in custodial disputes: the extent of the application of best interest of the child principle under the Malaysian laws

Best interest of the child is the utmost fundamental right of children which is applicable to all matters relating to children for the purpose of safeguarding their well-being. In child custodial disputes, the tremendous shift from parental rights to parental responsibilities throughout the centurie...

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Main Authors: Che Soh @ Yusoff, Roslina, Md Hashim, Noraini
Format: Conference or Workshop Item
Language:English
Published: 2015
Subjects:
Online Access:http://irep.iium.edu.my/44544/
http://irep.iium.edu.my/44544/1/4.6-Children%E2%80%99s_Right_in_Custodial_Disputes.pdf
id iium-44544
recordtype eprints
spelling iium-445442016-01-16T07:22:48Z http://irep.iium.edu.my/44544/ Children’s right in custodial disputes: the extent of the application of best interest of the child principle under the Malaysian laws Che Soh @ Yusoff, Roslina Md Hashim, Noraini K Law (General) KPG Malaysia Best interest of the child is the utmost fundamental right of children which is applicable to all matters relating to children for the purpose of safeguarding their well-being. In child custodial disputes, the tremendous shift from parental rights to parental responsibilities throughout the centuries had made the principle of best interests of the child as the utmost matter which the parents and judges must uphold. Although the commitment to this principle is significantly enshrined in the United Nation Convention on Rights of the Child and being mandated in the custody legislations of most nations in the world, the content and application of the principle differs across borders. Differences persist notwithstanding many countries have experienced a substantial shift over the last several decades in the types of custodial arrangements that are thought to best serve children's interests and upholding their right. The laws in Malaysia similarly uphold this principle but do not provide further deliberation on the principle itself. The principle is entirely developed by the courts through decided cases. Thus, this paper seeks to discuss the extent of the application of best interest of the child principle in custodial disputes. In doing so, it attempts to provide an overview of the current laws and the approach of the Civil and the Shariah courts in Malaysia in applying the principle and for purposes of comparison, it briefly examines the legislation and the courts practices in Australia on this matter since the country has undergone a substantial development in its child custodial policy and legislation. The purpose is to determine the best standard to be adopted by Malaysia and to propose improvement to the laws whenever appropriate. 2015 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/44544/1/4.6-Children%E2%80%99s_Right_in_Custodial_Disputes.pdf Che Soh @ Yusoff, Roslina and Md Hashim, Noraini (2015) Children’s right in custodial disputes: the extent of the application of best interest of the child principle under the Malaysian laws. In: 7th International Conference on Social Sciences & Humanities, ASEAN 2015: Challenges & Opportunities, 5-6 June 2015, Songkhla, Thailand . (Unpublished)
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
KPG Malaysia
spellingShingle K Law (General)
KPG Malaysia
Che Soh @ Yusoff, Roslina
Md Hashim, Noraini
Children’s right in custodial disputes: the extent of the application of best interest of the child principle under the Malaysian laws
description Best interest of the child is the utmost fundamental right of children which is applicable to all matters relating to children for the purpose of safeguarding their well-being. In child custodial disputes, the tremendous shift from parental rights to parental responsibilities throughout the centuries had made the principle of best interests of the child as the utmost matter which the parents and judges must uphold. Although the commitment to this principle is significantly enshrined in the United Nation Convention on Rights of the Child and being mandated in the custody legislations of most nations in the world, the content and application of the principle differs across borders. Differences persist notwithstanding many countries have experienced a substantial shift over the last several decades in the types of custodial arrangements that are thought to best serve children's interests and upholding their right. The laws in Malaysia similarly uphold this principle but do not provide further deliberation on the principle itself. The principle is entirely developed by the courts through decided cases. Thus, this paper seeks to discuss the extent of the application of best interest of the child principle in custodial disputes. In doing so, it attempts to provide an overview of the current laws and the approach of the Civil and the Shariah courts in Malaysia in applying the principle and for purposes of comparison, it briefly examines the legislation and the courts practices in Australia on this matter since the country has undergone a substantial development in its child custodial policy and legislation. The purpose is to determine the best standard to be adopted by Malaysia and to propose improvement to the laws whenever appropriate.
format Conference or Workshop Item
author Che Soh @ Yusoff, Roslina
Md Hashim, Noraini
author_facet Che Soh @ Yusoff, Roslina
Md Hashim, Noraini
author_sort Che Soh @ Yusoff, Roslina
title Children’s right in custodial disputes: the extent of the application of best interest of the child principle under the Malaysian laws
title_short Children’s right in custodial disputes: the extent of the application of best interest of the child principle under the Malaysian laws
title_full Children’s right in custodial disputes: the extent of the application of best interest of the child principle under the Malaysian laws
title_fullStr Children’s right in custodial disputes: the extent of the application of best interest of the child principle under the Malaysian laws
title_full_unstemmed Children’s right in custodial disputes: the extent of the application of best interest of the child principle under the Malaysian laws
title_sort children’s right in custodial disputes: the extent of the application of best interest of the child principle under the malaysian laws
publishDate 2015
url http://irep.iium.edu.my/44544/
http://irep.iium.edu.my/44544/1/4.6-Children%E2%80%99s_Right_in_Custodial_Disputes.pdf
first_indexed 2023-09-18T21:03:19Z
last_indexed 2023-09-18T21:03:19Z
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