Grandparents' Rights And Obligations Under Malaysian Family Law:Conceptual And Legal Perspectives

10.2478/bjlp-2022-002090

Abstract

Grandparents are generally involved in child upbringing and nurturing. For some, babysitting their grandchildren is a full-time duty since the parents are away at work. Nonetheless, the law concerning the rights and responsibilities of grandparents is somewhat complicated. When a marriage breaks down, the grandparents' rights are equally impacted. This article explores the significant role of the grandparents and the extent of their acknowledgement by courts in determining child custody rights in Malaysia. This study employs a qualitative method focusing on library research on case analysis involving Malaysia's child custody and divorce cases. This study finds that grandparents play a pivotal role in children's upbringing; hence courts should take a more pertinent approach in determining the welfare and interests of children in custody battles and divorce cases.