Child visitation rights in practice
Rokiah Kadir1, Safiek Mokhlis2, Rojanah Kahar3.
Child visitation can facilitate the continued involvement of both
parents in their children’s lives after a divorce. This study aims
to examine the issue of visitation rights and report the results of
an analysis of relevant court cases involving Malaysian Muslim
families. It describes the structure or type of visitation awarded to
non-custodial parents as a result of their loss of child custody. Content
analysis technique was applied to elaborate on the reported court
cases. A cross tabulation method was also performed to describe the
frequency of cases for the respective types of visitation. This study
has revealed several details about visitation rights hidden in the
masses of case law. These include granted visitation rights which
comprise scheduled, reasonable and dual-form visitation, counting
omission of access rights which occurred most frequently including
cases where parties received legal representation. The study has
contributed towards a greater understanding of how visitation
orders are made in practice through a quantitative analysis of past
court decisions.
Affiliation:
- Universiti Malaysia Terengganu, Malaysia
- Universiti Malaysia Terengganu, Malaysia
- Universiti Putra Malaysia, Malaysia
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