e-ISSN 2231-8542
ISSN 1511-3701

Home / Regular Issue / JTAS Vol. 20 (S) Jun. 2012 / JSSH-0586-2012


International Parental Child Abduction in Malaysia: Foreign Custody Orders and Related Laws for Incoming Abductions

Suzana Muhamad Said and Shamsuddin Suhor

Pertanika Journal of Tropical Agricultural Science, Volume 20, Issue S, June 2012

Keywords: International parental child abduction, recognition of foreign custody orders, foreign custody orders, parental child abduction in Malaysia

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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.

ISSN 1511-3701

e-ISSN 2231-8542

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