Defining The Welfare Of The Child In Contested Custody Cases Under Malaysian Law

Abstract

It is commonplace that the standard for determining custody decisions in most jurisdictions is that of "the welfare of the child" or "the best interest of the child". But too often it seems that welfare as a concept is an empty vessel into which the judge pours, however unconsciously, his own interpretatioin, prejudicates, and personal experiences. Despite attempts to define welfare the concept reamins elusive, and dissatisfaction with the legal standard remains a perennial problem.