Yes. For non-Muslim marriages, the court can vary or rescind a custody or maintenance order if there has been a material change in circumstances, or if the order was based on a misrepresentation or mistake of fact. For children, their welfare is the paramount consideration. You apply to the court that made the order, with evidence of what has changed.
A maintenance order is a court order and can be enforced. Keep a record of every missed payment, send a written demand, then apply to court. Options include an order directing the payer's employer to deduct maintenance from salary, enforcing arrears like a judgment debt, and, in serious cases of wilful default, committal. Muslim families use the Syariah courts.
In a civil divorce or custody case, much of your evidence is given by affidavit, and you may also be cross-examined in court. Everything you swear must be true and complete, including your assets and income. Keep your evidence focused on the child's welfare, not on attacking your former spouse.
Generally no. A divorce petition cannot be presented before two years from the date of marriage (LRA 1976, s.50(1)). A judge may allow an earlier petition on the ground that the case involves exceptional circumstances or hardship suffered by the petitioner, considering the interests of any child and whether reconciliation is reasonably likely (s.50(2)). The bar does not apply where one party has converted to Islam (s.51(3)). Protection and maintenance remedies may be available meanwhile.
The only ground for a single-petition divorce is that the marriage has irretrievably broken down (LRA 1976, s.53). The court looks at one or more of four facts: adultery that the petitioner finds intolerable, behaviour such that the petitioner cannot reasonably be expected to live with the respondent, desertion for at least two years, or living apart for at least two years (s.54(1)). Each needs evidence. The court also considers whether a decree is just and reasonable, including the children's interests (s.54(2)).
Usually yes for a single-petition divorce. No one may petition for divorce, except under sections 51 (conversion) and 52 (joint petition), unless the matrimonial difficulty was first referred to a conciliatory body and it certified that it failed to reconcile the parties (LRA 1976, s.106(1)). Exceptions include desertion where the spouse's whereabouts are unknown, a spouse living abroad who is unlikely to return within six months, a spouse who wilfully fails to attend, long imprisonment, incurable mental illness, and other exceptional circumstances.
Yes, within a divorce petition. Where adultery is alleged, the alleged adulterer is made a co-respondent unless the court excuses it, and the petition may ask that the co-respondent pay damages (LRA 1976, s.58(1)-(2)). If adultery between the respondent and co-respondent is proved, the court may award such damages as it thinks fit, but not exemplary or punitive damages (s.58(3)(b)). The court can award damages even if the petition against the spouse is dismissed (s.59(1)).
Yes. Where one party to a civil marriage has converted to Islam, either party may petition for divorce under section 51 or section 53, or both may file a joint petition under section 52 (LRA 1976, s.51(1)). The court may make provision for the spouse and for the support, care and custody of the children (s.51(2)). The two-year bar does not apply (s.51(3)), and no tribunal referral is needed (s.106(1)). If the converted spouse dies before the marriage is dissolved, the court can distribute matrimonial assets under s.51A.
The court may, on a parent's application, restrain the other parent from taking a child out of Malaysia where matrimonial proceedings are pending, or where one parent has custody under an agreement or order (LRA 1976, s.101(1)). It can also give leave for travel with conditions or undertakings. Any interested person can seek an injunction against someone without custody (s.101(2)). Breach is punishable as contempt of court (s.101(3)). Urgent applications can be made where there is a real risk of removal.
