Reform law, give children bigger say in custody battles, urge lawyers

 

Parents should prioritise their children’s best interests during a divorce, says family lawyer Ling Xin Jing. (Freepik pic)

PETALING JAYA: Two family lawyers have called on the government to reform laws to give children affected by failed marriages a bigger say in battles for custody and access.

Kan Weng Hin and Ling Xin Jing said the Law Reform (Marriage and Divorce) Act 1976 must be amended to give greater importance to the wishes of children.

Presently, custodial rights for younger children are generally granted to mothers, based on a presumption that it is in the child’s best interests.

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However, a court may also consider the wishes of a child when making a custody order. This is provided the child is mature enough to voice an independent opinion.

Since the law does not specify at what age a child’s wishes are to be considered, the matter is presently left to the individual discretion of family court judges.

This often becomes a point of contention in custody battles.

In most cases, children of divorced parents are made to spend alternate weekends with one parent, said Kan.

However, there are also instances when parents with no custodial rights are barred or restricted from seeing their children.

The influence of a parent having custody over a child cannot be underestimated, he said.

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“The law in its current form is unsatisfactory (as it) does not match the complexity of many situations. There are limited tools available to the court to remedy these situations,” Kan told FMT.

“This is why it is important to have proactive measures such as the involvement of the child and a specially trained counsellor so that a more equitable arrangement can be reached.”

Ling said children must also be allowed to express their wishes on how much access a non-custodial parent should have.

This is because children have a right to see their parents, she said.

“Unfortunately, parents often prioritise their own feelings during a divorce rather than the children’s best interests,” she told FMT.

“If parents prioritise their children’s best interests during a divorce, they would find ways to minimise its impact, as their intentions can affect how they handle their children’s needs.” - FMT