International parental child abduction in Malaysia: Foreign custody orders and related laws for incoming abductions

Suzana Muhamad Said, Shamsuddin Suhor

Research output: Contribution to journalArticle

Abstract

A marriage that fails leaves behind a trail, a scar difficult to heal. More often than not, children from that marriage suffer the most and become victims of the tug of war between the parents. This fight between spouses gets even worst if the parent abducted his or her own child. When this happens, the left-behind parent will be without remedy, especially if the child is abducted across national boundaries. Even when a custody order is granted from court, the order is only valid within the respective country and not outside its jurisdiction. Therefore, the issue of recognition of foreign custody order is important when addressing international parental child abduction. This is because the non-recognition of foreign custody order could lead to international parental child abduction and forum shopping to find a jurisdiction that would favour the parent who had abducted the child. International parental child abduction is not a new phenomenon and in Malaysia, the case of Raja Bahrin, which happened about twenty years ago, is a brutal reminder of this phenomenon. Thus, this article examines the Malaysians laws relating to international parental child abduction and whether these laws are adequate enough to curb the problem of international parental child abduction.

Original languageEnglish
Pages (from-to)101-110
Number of pages10
JournalPertanika Journal of Social Science and Humanities
Volume20
Issue numberSPEC. ISS.
Publication statusPublished - Jun 2012

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abduction
child custody
Malaysia
Law
parents
jurisdiction
marriage
Abduction
spouse
remedies

Keywords

  • Foreign custody orders
  • International parental child abduction
  • Parental child abduction in Malaysia
  • Recognition of foreign custody orders

ASJC Scopus subject areas

  • Arts and Humanities(all)
  • Business, Management and Accounting(all)
  • Economics, Econometrics and Finance(all)
  • Social Sciences(all)

Cite this

International parental child abduction in Malaysia : Foreign custody orders and related laws for incoming abductions. / Said, Suzana Muhamad; Suhor, Shamsuddin.

In: Pertanika Journal of Social Science and Humanities, Vol. 20, No. SPEC. ISS., 06.2012, p. 101-110.

Research output: Contribution to journalArticle

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