How does FRAM view the current Malaysian divorce law regarding child custody?

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FRAM's Perspective on Malaysian Divorce Law and Child Custody

The Father’s Rights Association of Malaysia (FRAM) views the current Law Reform (Divorce & Marriage) Act 1976 as outdated and inherently unfair to fathers in child custody matters. FRAM asserts that Malaysian divorce proceedings typically result in mothers automatically being granted sole custody of children, significantly limiting fathers' involvement to alternating weekends or supervised video calls. This practice, FRAM argues, is not based on specific legal clauses but rather on habitual judicial judgments that perpetuate a stereotype of fathers as less capable caregivers.
Automatic Sole Custody for Mothers

FRAM highlights that the prevailing norm in Malaysian divorce cases is the automatic granting of sole custody to mothers. This immediate designation often leaves fathers with minimal contact, such as every other weekend or brief, supervised video calls, regardless of their willingness or capability to be actively involved in their children's lives. The association contends that this automatic assumption disadvantages fathers from the outset of any divorce proceedings.
High Burden of Proof for Fathers

The association points out the exceptionally high burden of proof placed on fathers seeking sole or even equal custody. Unlike mothers who can be granted custody by simply stating they carried the child, fathers are often required to demonstrate severe issues with the mother, such as unsoundness of mind, addiction, or substance abuse. FRAM considers this disparity in the evidentiary threshold to be a significant impediment for fathers seeking shared parental roles.
Advocating for Equal Custody and Parental Roles

FRAM's core advocacy centres on the principle of equal custody and ensuring fathers can play an active role in their children's upbringing if they are willing and capable. The association believes that a father's inability to carry a child does not diminish his parental capacity and that the struggles fathers face balancing work and family life are often overlooked. They propose adopting models similar to Scandinavian countries, where both parents are typically granted equal custody upon divorce, emphasizing the child's well-being as the ultimate goal.
Challenging Stereotypes and Promoting Fairness

FRAM actively challenges the stereotype that fathers are inherently the "bad guys" in court, deeming it hypocritical in the context of broader discussions on gender equality. The association argues that while gender equality is championed in many spheres, it seems to regress in divorce and custody battles in Malaysia. Through awareness campaigns, including talks and podcasts, FRAM aims to highlight these perceived inequalities and advocate for reforms that ensure fairness for both parents and, most importantly, for the children involved.

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How does FRAM view the current Malaysian divorce law regarding child custody?

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