A parent of a child may apply to the court for an injunction restraining the other parent from taking the child out of Malaysia under the following circumstances:

  • Where any matrimonial proceedings is pending; or
  • Where under any agreement or court order, one parent has custody of the child to the exclusion of the other parent. 

A court can also grant an injunction during matrimonial proceedings or after the grant of a decree of divorce, judicial separation or annulment to prevent the following actions:

  • A person from forcing his or her society on his or her spouse or former spouse; or
  • Other actions of molestations.  

Besides that, an injunction can also be granted by a court to prevent the disposition of property by a spouse, former spouse or parent of a person where the disposition of the property is with the objective of:

  • Reducing his or her means to pay maintenance; or
  • Depriving his or her spouse of any rights in relation to that property

A court can grant this injunction where:

  • Matrimonial proceedings are pending;
  • An order for division of assets has been made but not complied with;
  • An order for maintenance (spousal or child) has been made and has not been rescinded; or
  • Maintenance (spousal or child) is payable under an agreement

Our Services

Our services and support include, but is not limited to the following areas:

  • Legal representation in courts to file/oppose an application for an injunction to restrain a parent from taking a child out of Malaysia
  • Legal representation in courts to file/oppose an application for an injunction against molestation
  • Legal representation to file/oppose an application for an injunction to prevent the disposition of property
Agalya J Munusamy
Senior Associate
Kirthika Padmanapan
Jasmine Wee
Alyssa Dalila
Siti Aishah

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