Application of shared parenting in Malaysia: appraising the Australian experience

Internationally, shared parenting has been highlighted and agreed to be the best method in protecting the welfare of the child. The religion of Islam also promotes the concept of shared parenting to ensure that the welfare of the child is well protected. In Malaysia, legislation on child custody...

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Main Authors:	Ali, Suzana, Che Soh @ Yusoff, Roslina, Mohd Zin, Najibah
Format:	Article
Language:	English English
Published:	University Putra Malaysia 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/60994/ http://irep.iium.edu.my/60994/ http://irep.iium.edu.my/60994/1/26%20JSSH%28S%29-0416-2016-2ndProof.pdf http://irep.iium.edu.my/60994/7/Application%20of%20shared%20parenting%20in%20Malaysia%20Appraising%20the%20Australian%20experience.pdf

id	iium-60994
recordtype	eprints
spelling	iium-609942018-07-10T06:45:36Z http://irep.iium.edu.my/60994/ Application of shared parenting in Malaysia: appraising the Australian experience Ali, Suzana Che Soh @ Yusoff, Roslina Mohd Zin, Najibah K Law (General) Internationally, shared parenting has been highlighted and agreed to be the best method in protecting the welfare of the child. The religion of Islam also promotes the concept of shared parenting to ensure that the welfare of the child is well protected. In Malaysia, legislation on child custody emphasises that the welfare of the child shall be given paramount consideration but there are no provisions on shared parenting and specific guidelines on its application. An amendment was made to the laws to include a provision on equal parental rights but it does not directly relate to the principle of shared parenting. The vagueness of the law and the lack of proper guidelines in relation to shared parenting open the doors for the courts to render inconsistent decisions in determining custodial rights, and this often results in decisions in favour of sole custody. The absence of specific laws on shared parenting has also caused difficulties for parents in cooperating for the sake of their children. They tend to stress on their conflicts and fight for their rights rather than focus on the welfare of the children. This paper seeks to discuss the current position of shared parenting after marital separation in Malaysia. As Malaysia practises a dual legal system, this paper will also examine the suitability of applying the shared parenting principle in both systems. A brief comparative review will also be made of Australian law and policies, which are more advanced on the subject of shared parenting. University Putra Malaysia 2017-03 Article PeerReviewed application/pdf en http://irep.iium.edu.my/60994/1/26%20JSSH%28S%29-0416-2016-2ndProof.pdf application/pdf en http://irep.iium.edu.my/60994/7/Application%20of%20shared%20parenting%20in%20Malaysia%20Appraising%20the%20Australian%20experience.pdf Ali, Suzana and Che Soh @ Yusoff, Roslina and Mohd Zin, Najibah (2017) Application of shared parenting in Malaysia: appraising the Australian experience. Pertanika Journal of Social Science and Humanities, 25(s) (March issue). pp. 293-300. ISSN 0128-7702 E-ISSN 2231-8534 http://www.pertanika.upm.edu.my/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Ali, Suzana Che Soh @ Yusoff, Roslina Mohd Zin, Najibah Application of shared parenting in Malaysia: appraising the Australian experience
description	Internationally, shared parenting has been highlighted and agreed to be the best method in protecting the welfare of the child. The religion of Islam also promotes the concept of shared parenting to ensure that the welfare of the child is well protected. In Malaysia, legislation on child custody emphasises that the welfare of the child shall be given paramount consideration but there are no provisions on shared parenting and specific guidelines on its application. An amendment was made to the laws to include a provision on equal parental rights but it does not directly relate to the principle of shared parenting. The vagueness of the law and the lack of proper guidelines in relation to shared parenting open the doors for the courts to render inconsistent decisions in determining custodial rights, and this often results in decisions in favour of sole custody. The absence of specific laws on shared parenting has also caused difficulties for parents in cooperating for the sake of their children. They tend to stress on their conflicts and fight for their rights rather than focus on the welfare of the children. This paper seeks to discuss the current position of shared parenting after marital separation in Malaysia. As Malaysia practises a dual legal system, this paper will also examine the suitability of applying the shared parenting principle in both systems. A brief comparative review will also be made of Australian law and policies, which are more advanced on the subject of shared parenting.
format	Article
author	Ali, Suzana Che Soh @ Yusoff, Roslina Mohd Zin, Najibah
author_facet	Ali, Suzana Che Soh @ Yusoff, Roslina Mohd Zin, Najibah
author_sort	Ali, Suzana
title	Application of shared parenting in Malaysia: appraising the Australian experience
title_short	Application of shared parenting in Malaysia: appraising the Australian experience
title_full	Application of shared parenting in Malaysia: appraising the Australian experience
title_fullStr	Application of shared parenting in Malaysia: appraising the Australian experience
title_full_unstemmed	Application of shared parenting in Malaysia: appraising the Australian experience
title_sort	application of shared parenting in malaysia: appraising the australian experience
publisher	University Putra Malaysia
publishDate	2017
url	http://irep.iium.edu.my/60994/ http://irep.iium.edu.my/60994/ http://irep.iium.edu.my/60994/1/26%20JSSH%28S%29-0416-2016-2ndProof.pdf http://irep.iium.edu.my/60994/7/Application%20of%20shared%20parenting%20in%20Malaysia%20Appraising%20the%20Australian%20experience.pdf
first_indexed	2023-09-18T21:26:29Z
last_indexed	2023-09-18T21:26:29Z
_version_	1777412225457192960

Application of shared parenting in Malaysia: appraising the Australian experience

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