PUTRAJAYA – A group advocating for fathers in shared custody and parenting, Fathers’ Rights Association of Malaysia (FRAM), will be submitting a reform proposal to amend laws in the custody of children in civil and shariah courts to two ministries by next week.
Its president Malcolm Fernandez said the proposal will first be handed to Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar and then to Women, Family, and Community Development Minister Datuk Seri Rina Harun in hopes that the matter will be debated in the Parliament.
Fernandez, who is also a lawyer, said the proposal paper will include data and research from psychologists who have stated the benefits of the joint custody system.
He added that the proposal will detail draft amendments to the legislation as well as countries that have adopted such a system.
“We want a legal reform in terms of equal rights for children, fathers and mothers. Through this reform, both parties will be given the same rights,” he told the press in front of the Palace of Justice here this morning.
He said this law reform is vital as there are many cases where fathers have limited visitation rights or even worse, been denied visitation rights due to false allegations from their former wives.
In Malaysia, mothers are automatically granted sole child custody, especially for children below 7 years old, under the Law Reform (Divorce & Marriage) Act 1976 and according to section 81 of the Islamic Family Law (Federal Territories).
“Thus, a father’s contribution to his children’s lives is primarily financial in the eyes of the law.”
Although it is evident that there has been law reform in divorce and child custody matters in other parts of the world – the United States and Sweden, for example – Fernandez said Malaysia is still far behind.
The father of a 9-year-old son said: “It is unfortunate that in Malaysia, those who appear to be fighting for children’s rights have turned a blind eye and kept mum on this issue.
Why are they silent? Could it be because they have their own agenda? We can see so many countries that have introduced joint custody rights as opposed to the custody rights given by the civil and shariah courts here.”
Should there be no action from both ministries after the submission of the proposal, he added that his organisation will be holding more gatherings to raise awareness on this matter.
“We will organise gatherings in the whole country and that is my promise, FRAM’s promise to all the fathers who are facing the same predicament. FRAM will be with you and we will attend all of your court cases to provide our support,” he said.
Also present were 17 fathers from the group, donning red T-shirts with some holding photographs of their children, to show solidarity with one of the fathers who was appealing against a court decision that only allowed him a 15-minute video call per week with his daughter. – The Vibes, January 7, 2022
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