Child Act 2001 · Updated to 1 Jul 2023 · Part VIII · Trafficking in and Abduction of Children
52. Offence of taking or sending out a child without appropriate consent of person having lawful custody
Feedback & supportAny parent or guardian who—
guardian
“guardian”, in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;
does not have the lawful custody of a child; and
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.
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.
Court
“Court” means the Court For Children or any other Court, as the case may require;
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—
the parent or guardian—
does it in the belief that the other person consented, or would have consented, if he was aware of all the relevant circumstances; or
has taken all reasonable steps to communicate with the other person but has been unable to communicate with him;
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
the other person has unreasonably refused to consent although he was aware of all the relevant circumstances.