05/06/2026
Can a child express their own views in a divorce case involving care and control?
Yes. If there is a dispute over care and control, the Court will usually take the child’s views into account. The child may be interviewed by the Court, both in the Family Justice Courts and in Syariah Court proceedings.
However, the child’s wishes are only one factor. They are part of the broader assessment of the child’s welfare, which remains the Court’s primary consideration.
This means the Court is not bound to follow the child’s preference. In some cases, even if a child expresses a clear preference, the Court may decide otherwise if it is not in the child’s best interests.
Ultimately, the focus is always on what arrangement best promotes the welfare and development of the child.
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