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
Abstract
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.
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