Malaysian Bar ready to assist in court-order child maintenance framework
He said the Malaysian Bar also welcomes the call made in Parliament during the debate on the 13th Malaysia Plan on the establishment the framework, noted that the proposal represents an important opportunity to address one of the most persistent challenges in the family justice system, the non-compliance with maintenance orders.
For far too long, Mohamad Ezri said custodial parents have borne the burden of pursuing errant payors through lengthy and emotionally draining enforcement procedures.
"This has left many parents, and the children in their care, facing financial insecurity following separation or divorce. The Malaysian Bar stands ready to assist in developing this proposal through legal analysis, consultation, and engagement with the relevant ministries, state authorities, and stakeholders.
"We believe that strengthening the enforcement of maintenance orders is a shared responsibility that will benefit the well-being of children and the long-term stability of families,' he said in a statement on Friday (Aug 15).
Mohamad Ezri said the Malaysian Bar advocates for systemic reforms that make family law processes more accessible, effective, and fair.
He noted that a dedicated enforcement framework or agency, developed in line with Malaysia's constitutional structure and jurisdictional boundaries, could help ensure that children's rights to financial support are protected and realised.
It would also reduce the strain on the courts, lower legal costs for vulnerable parties, and strengthen the family institution, he added.
He noted that in some jurisdictions, as seen with the United Kingdom's Child Maintenance Service and Canada's provincial and territorial Maintenance Enforcement Programmes, enforcement mechanisms include direct wage deductions and other measures aimed at ensuring compliance.
"While Malaysia must design a system suited to its own laws and social context, the underlying principle that maintenance for children is not a voluntary act but a legal obligation should be firmly upheld.
"Any initiative must be inclusive and non-discriminatory, serving all eligible children and parents regardless of race, religion, or socio-economic background, and operating within the respective jurisdictions of the civil and Syariah courts,' he said. - Bernama
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