Malaysia legislation
Section 52
Section 52
(a)
does not have the lawful custody of a child; and
(b)
takes or sends out a child, whether within or outside
Malaysia, without the consent of the person who has the lawful custody of the child commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(2)
A person has lawful custody of a child under this section if he has been conferred custody of the child by virtue of any written law or by an order of a Court, including a Syariah Court.
(3)
It shall be a defence under this section if a parent or guardian takes or sends a child away without the consent of the person having lawful custody of the child if—
(a)
the parent or guardian—
(i)
does it in the belief that the other person consented, or would have consented, if he was aware of all the relevant circumstances; or
(ii)
has taken all reasonable steps to communicate with the other person but has been unable to communicate with him;
(b)
the parent or guardian has reasonable grounds to believe that the child is being abused, neglected, abandoned or exposed in a manner likely to cause the child physical or emotional injury; or
(c)
the other person has unreasonably refused to consent although he was aware of all the relevant circumstances.
WJW22/0178 BI.indd 77 04/08/2023 3:33 PM
Recovery order