The Intersection of Domestic Violence and Custody Rights of Children: Evidence from Malaysia

The welfare and interest of a child is always considered as the important element in deciding the dispute of custody of the child. The courts in deciding the dispute of child custody will look at several factors before granting the custody to a parent. One important issue that the courts will consider is the conduct of the disputed parties in contributing to the interest of the child. This article will explore the intersection between the law on domestic violence and custody of the child. Article discusses as to how the law reconciles the tension pertaining to the battle of custody between a parent who is violent and innocent parent. Several cases, statutory provisions and other legal and non-legal literature will be looked at in order to see how the existence of domestic violence in a family affects and determines the custody of a child. This article proves that the welfare of a child is always focused as the important paramount consideration in deciding disputes relating to custody of a child.