Child Custody

Muslim Divorce & Custody Lawyers

Syariah Legal Advice by Muslim Lawyers

We understand your situation

Child Custody is a difficult matter to have to deal with as a parent. At Emerald Law, we understand the importance of being able to care for your child and to spend quality time with your child. Our lawyers who specialise in Custody related matters will be able to assist you in ensuring that you as a parent will be able to care for your child and their needs are protected.

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FAQs

It is for us to discuss your matter briefly and to provide you with a general overview. There will be no review of documents during the free first consultation.

We will try our best to accommodate your financial needs. We offer fixed fee arrangements and even instalment payments for our services. 

However if you are truly unable to afford the services of lawyers, we will recommend that you approach the legal aid bureau or law society pro bono services to see if you qualify.

Custody refers to who makes the major decision for the child such as whether the child can be brought overseas or which school the child attends. Care & Control refers to who takes care of the child on a daily basis. Generally, if the child is below 7 years of age, the mother will obtain care & control but if the father can prove that he is a better caregiver, the court may award care & control to the father. In relation to custody, the court normally awards joint custody to ensure that both parents continue to make major decisions for the child.

 

Access to a parent is a right unless the parent is a danger to the child. There is no formula on whether overnight access is given once a week or once every 2 weeks and it will depend on how close the parent is to the child. However, cases show that once every 2 weeks seems to be the norm. For the week where there is no overnight access, day access will be given. Again, each case turns on its own facts.

Generally, there are 2 types of access orders, namely reasonable access and supervised access. Within the category of reasonable access, you may also include overnight access. However, reasonable access does not automatically include overnight access. It is best to stipulate what happens during school holidays as well.

There is generally reasonable access and supervised access. Within the category of reasonable access, you may also include overnight access. However reasonable access does not automatically include overnight access. It is best to stipulate what happens during school holidays as well.

You may apply for a variation application (mengubah pengadilan mahkamah). There is no time limit for this. Please refer to article on variation.

It is extremely rare for the court to totally restrict access. The court may likely make an order for supervised access, i.e. for you to be present when the children see your spouse.

In such situations, access will be incremental. Your husband may not get overnight access for now, but in the future, he may get overnight access.

There is no such law. Care and control can go to husband or wife depending on who is the better caregiver. Islamic Law also states that the mother has the general right for children below 7 years of age.

There is no straightforward answer to this question but there is a basis to say that one may lose the right. However, this must be proven, and it may be challenging.

If you have filed for divorce at the Syariah Court, then you should urgently take out an interim application (temporary application) for the Court to decide when you can see the kids pending the outcome of the divorce. However, if you have not filed for a divorce at the Syariah Court, the temporary application must be taken out at the Family Court.

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Each and every lawyer assigned to your case is someone who has handled many similar cases before. They each bring a specialised element to your matter ensuring that your case is handled with the utmost care.

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We provide service with such dedication that we can even arrange to meet you outside of our normal office hours.

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Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

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