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In forceUpdated to 15 Dec 2018Read it in Bahasa Malaysia

Part VIII · Protection of Children

88. Power for court to make order for custody

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In plain English

The court may give the father or mother custody of a child. In exceptional cases, custody may go to another relative, a child welfare group or another suitable person. The child's welfare comes first. A child below the age of seven years is presumed better off with the mother, unless shown otherwise. Siblings may be placed with different people.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

The court may at any time by order place a child in the custody of his or her father or his or her mother or, where there are exceptional circumstances making it undesirable that the child be entrusted to either parent, of any other relative of the child or of any association the objects of which include child welfare or to any other suitable person.

(2)

In deciding in whose custody a child should be placed the paramount consideration shall be the welfare of the child and subject to this the court shall have regard—

(a)

to the wishes of the parents of the child; and

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(b)

to the wishes of the child, where he or she is of an age to express an independent opinion.

(3)

There shall be a rebuttable presumption that it is for the good of a child below the age of seven years to be with his or her mother but in deciding whether that presumption applies to the facts of any particular case, the court shall have regard to the undesirability of disturbing the life of a child by changes of custody.

(4)

Where there are two or more children of a marriage, the court shall not be bound to place both or all in the custody of the same person but shall consider the welfare of each independently.

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