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All Categories Legal Q&A
Justice
 Area of Law: Family Law
Q:
My name is Diana. I wish to have your advise for the matter of i'm applying divorce at my hometown for me and my husband. I was wondering whether what i'm doing is correct and are not wasting my time.

I have been separated with my husband for 1 and half years. I apply divorce on Sept 2007 but he not willing to sign. So it needs to separate 2 years until then only can apply to court arrangement.

I had moved to another place and start working and independant without bring together with my daughter. 1st reason is i'm not able to taking care of her on my own as i just start working and don't have any relative or friends at here to rely on. 2nd reason is my husband hide her at somewhere without my notice. He refuse to let me look after her even visit her. After begging and begging, he finally agree to let me visit her after we seperate for half year. With his agrees, i can visit her every 3 months when i go back.

So if one day on court, do i have the chances to win back my child custody as i now at least have a stable income and on the mean time, my husband doesn't. As i know, he seems don't have a stable income and now also delays his housing loan and car loan. And he arrange my kid 24 hours stay at baby sitter house and only go visit her once he is free. I don't think that is good for her.

I had discuss with him before to arrange either i move back to take care my kid or my mum also can help me look after her. But he always refuses us.

So i just wondering, if i currently not stay besides my kid and look after her, will it influences the judge decision on court? Because the salary of my hometown quite low and less job opportunity, so that is why i continue to work at here. But if my husband agree to let me look after her then only i will move back. This i willing to do(doesn't mean back to him). I felt that this is unfair for my daugther as my husband always travelling and busy with his association stuff while he don't have a stable income already. I can't see any future if my daughter under his guardian.

Please give me an advise as I'm so scare to lost my kid and don't what i'm doing now will help or not.
Diana
A:
Dear Diana,

Yes you need to be seperated for at least 2 years, if you want to proceed for a contested petition for divorce, (that is assuming that your husband is not agreeable to a joint petition). However there are exceptions to that rule, whereby a judge may allow a petition to be presented before the 2 years period, however for this instance, you will have to show exceptional circumstances or hardship that u have suffered.

However, before you can proceed for a contested petition for divorce, you first have to apply and obtain a certificate from the Marriage Reconciliation Body. They will call both of you and your husband for 3 times to determine if there is a possibility that the marriage can be reconciled. At the end of the 3rd interview, should they feel that reconciliation is not possible, they will issue a certificate. That certificate is a pre-requisite before filing a contested petition.

My suggestion is that you get started on this process first as sometimes it can take a couple of months before a Certificate is issued.

As to your inquiry on whether you can get custody of your daughter, of course you can apply. The fact that you have been away from her (in my opinion ) may not diminish your chances of gaining custody especially since you have been away trying to seek a better job which would enable you to give a more secure future to your daughter. All these points should be included in your application for custody of your daughter at a future date.
Bhawani Manokaran
Advocate & Solicitor


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 Area of Law: Employment Law
Q:
Wang Fook Pan from Kuala Lumpur


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 Area of Law: Others
Q:
My family run a grocery stores but once in a while we do business with contractors who buy foods from our stores and we allowed them to pay it later when the main company paid them. Now company N has bought foods from us and has not paid for more than 7 months and when asked when to pay they say that the main company "XYZ" will not pay them the money and asked for a 50% deduction. So N wants us to give them a 50% discount but our store cannot afford to give them such a big discount because grocery items are sold to them with discounts and we only earn less than 50%.

We have sought a lawyer to bring charges against them but it seems that the lawyer fees are too expensive which is RM2000 per court appearence. So i am wondering whether we can just bring the case against the main company XYZ (which is a renowned Malaysia company)to reclaim the money as soon as possible? If the matter is not solved as soon as possible. My family might go bankrupt.

Please Advise..

Csus from Sarawak


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 Area of Law: Employment Law
Q:
Resma Raju from Kuala Lumpur


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 Area of Law: Will
Q:
Wei Lin from Selangor


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 Area of Law: Will
Q:
Angela Jessie from Selangor


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 Area of Law: Will
Q:
Angela Jessie from Selangor


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 Area of Law: Will
Q:
Ham


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 Area of Law: Property Law
Q:
Dear eLawyer,

My friend is facing the following situation now:

My friend(Friend) has signed a contract with the Landlord to have a lease over the Landlord's house.

Subsequently, Friend has rented out one of the room of the house to another person(3rd party) without any contract being signed, the transaction was done verbally.

3rd party has paid the deposit to Friend for the rental of the room.

A dispute has arisen between Friend and 3rd party. The dispute was settled by the 3rd party agreeing to Friend that 3rd party will be leaving and it was agreed between them that on the day that 3rd party leaves, Friend will return the deposit paid earlier to the 3rd party. However, 3rd party said that 3rd party will be leaving in a week's time or as soon as possible.

Now, Friend wants to know:

(1) whether there is a fixed time period provided by the law for the 3rd party to leave or can the 3rd party take all his/her time in the world; AND

(2) What is Friend's rights as a tenant towards this incident and the best solution to it.
Jiajin Lee from Perak


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 Area of Law: Family Law
Q:
Serene Tan from Outside Malaysia


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