Can You Deny Child Visits Over Unpaid Maintenance in Malaysia?

Can You Deny Child Visits Over Unpaid Maintenance in Malaysia?

This is one of the most common questions we often get as a divorce lawyer in Malaysia.

You may be facing the same dilemma as well.

The question we often hear is this: “Can I stop my husband from visiting the children if he doesn’t pay for children’s maintenance or alimony?”

Are you having the same concern as well?

Well, to answer this question, the direct answer is NO.

The reason for this is that assuming that both the husband and wife have agreed to the divorce terms earlier and the Court has granted a divorce order, it is the duty and responsibility of both parties to respect and adhere to the Court order.

In the event if the husband is not paying or paying on time for the maintenance of children/alimony, it does not mean that the wife can unilaterally stop or deny the access of the husband from visiting the children. In fact, if the wife does so, she may be in breach of the Court order as well.

This may sound unfair, but the rationale behind this is that the wife can always enforce her rights legally in the Court to claim what she is entitled to. In such circumstances, the wife can always claim outstanding maintenance from the husband in the Court through legal process. Various applications can be brought forward against the husband in this case to claim for maintenance of children and alimony. You may discuss with our divorce lawyer if necessary.

Eventually, if the husband cannot provide a valid reason or defence for failure to comply with the agreed terms earlier (ie to pay maintenance or alimony), then the Court may order that the husband to be imprisoned for not following the Court order. It is also important to note that the Court will not usually imprison the husband unless the act of the husband is deliberate and clearly acting in contempt of court.

In short, the wife can always enforce her rights in the Court against the husband through legal process which is usually effective and practical. As they say, two wrongs don’t make a right. You always have a choice to make things right.

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