Resolving conflict of law issues in parental child abduction: Mediation as an effective mechanism

Che Soh @ Yusoff, Roslina and Abdul Hak, Nora and Hamid, Abdul Ghafur@Khin Maung Sein and Mohd Zin, Najibah and Mohamed Jani, Hidayati (2017) Resolving conflict of law issues in parental child abduction: Mediation as an effective mechanism. In: International Conference on Dispute Resolution 2017 - Modern Trends in Effective Dispute Resolution, 9th-10th August 2017, Kuala Lumpur.

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Abstract

Abduction often involves the parents of the child. After a marriage is dissolved most parents will fight to have custody of the children. The party that is unable to lawfully obtain custody of children sometimes resort to abduction. Abduction of children is an issue that raises concern due to its effect on the child. Abducted children are sometimes even taken outside the country of abduction to another country by the non-custodian parent in order to prevent tracing and punishment. These attributes of abduction have a far reaching negative consequence on the child. The sudden separation of the child with his environment and the attempt to hide the child negatively affects the child physically and psychologically. The paper examines the position of parental child abduction under the Malaysian law and the approach of the courts in dealing with the matter. The paper also briefly discusses the position of child abduction under the international law and shariah and suggests mediation as an effective means to resolve the disputes involving parental child abduction. Doctrinal methodology is used in the paper in arriving at the findings of the work

Item Type:	Proceeding Paper (Plenary Papers)
Additional Information:	1601/57784
Uncontrolled Keywords:	Parental Child Abduction, Mediation, Law, Shariah, Disputes
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr. Roslina Che Soh
Date Deposited:	06 Oct 2017 16:23
Last Modified:	17 Dec 2024 14:06
URI:	http://irep.iium.edu.my/id/eprint/57784

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