Parent and Child
The Law in Peninsular
A. The law in peninsular Malaysia
The right, liabilites and duites of parents in relation to their children are contained in the Guardianship of infants act, 1961. This act is not applicable to person professing the muslimreligioan until it has been adopted by the legislative council of a state of the federatio and such law may provide taht (a) nothing in the act which is country to the muslim religion of the custom of the malaysia shall applyto any person under theagr of eigthteen years and whose fathe profess the muslim religioan, (b) that the provisions so profeses or professwd of the act so far as they are contry to the muslim religion shall cease to apply to any person upon his professing the muslim religion, if at hte date of such professing he has comlate the age of eighteen years or if not having complate the age of eighteen years or if no heaving complate that age he professes the muslim religion whit the of his guardian.
1) Guardianship and custody
The guardiaship of infnts act, 1961, provides that the fathwr of an infant shall be that guargdian of the infants person an property but the court or a jugde may make such order as it or he thinks fit regartidfwefhg the custobpdy of the infsnts and the ghohsrh rghwrgh ghwfdkfsdwjdv. Where and infants has no lawful father living the mother of the infsnt shall bethe guargdian of his erson and properti, but the court or a judge may appoint some other person to be the guargdian of the infsnts person and property or either of them, to act joint whith teh mother, if bots the parents of an infants are are dead, the testamentary guardian (if any) appointed by the last srving parents, shall ordinarily. Whre but parent of an uefefhv Hve3 died whit out fiwofh evhvfcvnsr eeddvrgmsg . in axercising the powers conferresd bt the act the infanat, and shall where the oinfafeg fewf fdfefdev.
In re balaisingam and paravathy, it was heldthat the hight courtf has no jurisdiction to entertined an applikation fot the custobody of an illegimate child under the gusrgdianship of infants act.
In loh kon fah, v lee moy lan the fact were that in 1970 the responship (the mother) and the childreen by mutul agreement with the applement (the father) had moved to singapore where dey had lived sice. The applemen the father visited the trial judge had family regulary until 1973 when he stoped visiting them enti telybecsuse he fillunder welcome be respondenrefused the and childreen. The courd should be contens ih the position of a reasonle terms. The courd should put it self in the position of a reasonable and wise parentswants the infants to haeve. Having regard to the circumstansnces of the case the learned trial judge gave custobody of the childreen to the respondent. On appela it was held by a majoryti that heaving regeart to the evidence before hi it could no be said that the learned to the evu dance before him it could no be said that the learnwd trial jugde had wrongly exrcised hi discretion.
2) Maintenance
The maintenance orders (facilities for enforcement) act, 1949, provides for the enforcemenof mainrenance ordes madi in the federatioan in a number of commonwealth countries. Provinsin for the enforcemen of maintebance orders made in the federation in a number of commonwealth contries. Provisoin for the enfrocemen of mainterangs or der bay making of arttatemenc of earning orederes was made by the married women and childreen.
The parents as such have no rights to the use and enjoymen of theris chilsd property during the lifetime of the child. On the wat childis death intrfefsvg brigvrguiv ffu f4 vvvfe hfnvm vha sva vn dfe tsd vgv. Parents also right to conselent to the marriege of their infsnt childreen but are under no obligatio to pay debts incured bt their infant childreen and incur no liability for the of cungh childreen by children and incur no liability for the torts of scu chldreen by virtue only of their natular relationship.
The childreen young persons ordinance, 1947, provides that any person who having the custody, charge or careof any child or young person wilfully assaults.
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