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← Law Reform (Marriage and Divorce) Act 1976

Law Reform (Marriage and Divorce) Act 1976 s 88

Law Reform (Marriage and Divorce) Act 1976 s 88

Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.

s 88

(1) The court may at any time by order place a child Pourttor in the custody of his or her father or his or her mother or, make order where there are exceptional circumstances making it for custody sotct or phitat moude chili moth e vi to mạy n ngấn suitable person. (2) In deciding in whose custody a child should be placed chil paramount consideration shall be the welfare of the and subject to this the court shall have regard— (a) to the wishes of the parents of the child; and (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.

Read this section in the full act →

Find Act 164 on lom.agc.gov.my ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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