Child custody is one of the most challenging and emotionally taxing issues for divorced couples. (Eventually, it becomes the issue of their divorce lawyer as well). Child custody issues can get even more complicated when they involve public figures, especially celebrities. This can attract a lot of public attention and scrutiny since these people have a lot of fans who look up to them.
Imagine going through a divorce and dealing with post-divorce matters. You have a bunch of people on the Internet commenting on what was supposed to be a private matter for you. But that is the price that comes with fame.
A Closer Look at Mizz Nina and Noh’s Case
Noh Salleh, the famous lead singer of Hujan, recently made a video apology to Musa’s mother. Musa is Noh’s adopted child with his ex-wife, Mizz Nina. The video was posted after Noh posted an Instagram post revealing Musa’s face. Mizz Nina has always covered Musa’s face in her postings.
In his 60-second video, he addressed his apology to Musa’s biological mother and mentioned the full name of the child’s mother. He clarified that he didn’t know about the agreement between Mizz Nina and the mother.
The former rapper turned hijabist icon revealed that the mother agreed to put her child up for adoption with the condition that their adopted parents wouldn’t show his face on social media. Mizz Nina and Noh Salleh are constantly in the spotlight as celebrities. Thus, the biological mother felt it best for Musa to avoid such light.
Mizz Nina, who took quite some time to respond to the issue, finally wrote an Instagram post to clear the air. On January,7, she hinted on her Instagram the following:
- No child should be taken away without the consent of their legal guardian
- Through her lawyer, she filed an action in the syariah court
- Musa is now back with her, and she stressed that Musa had experienced traumatic experiences after being taken away from her parents, home to which she described as “Musa’s normal environment”.
- Noh signed a legal paper to confer full rights and custody to Mizz Nina when they divorced. Thus, he no longer has the legal right to be Musa’s guardian.
Both faced backlash from the netizens following this issue. Noh Salleh has gained support from some, while many believe that Mizz Nina has been maltreated by her ex.
How Malaysian Court Grants Visitation Rights
In Malaysia, matters related to child custody and visitation are often governed by Islamic family law for Muslims. Civil family law applies to non-Muslims.
The Syariah Court enforces Islamic family law. Civil family law is under the jurisdiction of the civil courts.
Visitation rights vs Custody rights
Visiting rights are legal privileges granted to a non-custodial parent after a separation or divorce. These rights allow the parent to spend time with their child or children.
They are also known as access rights. This is based on the principle that it is generally in the best interest of the child to maintain continuous contact with both parents, even if they are no longer living together.
Child visitation rights in Malaysia are generally determined based on the best interests of the child. The court may order the non-custodial parent to visit the child so that the child can have a good relationship with both parents, even after the divorce.
Below, we break down the differences between what it means for parents to have custody rights and visitation rights.
| Child Custody | Visitation Rights |
| Child custody refers to which parent the child lives with and who has authority over their welfare, education, health, and religious guidance. In Malaysia, custody decisions can be joint or sole, depending on the parents’ agreement or the court’s order. | Visitation rights are the permission for the other non- custodial parents (without custody rights) may be ordered to spend time with the child at specified times (usually on weekends or other agreed days in a week). It allows them to interact and bond with the child, but they don’t have the right to make decisions about the child’s life. |
| The parent with custody has control over the important aspects of the child’s life | In contrast, the non-custodial parent’s visitation rights are not based on gender biases. The court is mainly concerned with the child’s best interest and wants to make sure the child has a good relationship with both parents. Visitation restrictions are only used when there is proof that the visiting parent could harm the child. |
Things you should know about child visitation rights
- Child’s best interest: The most important thing to think about is what is best for the child. The court will look at things like the child’s age, health, education, and overall well-being.
- Parental Rights: Parents who do not have custody usually have the right to visit their child. The court might make a schedule for visits or let the parents decide on their own when to visit.
- Grant of court order: When divorced parents agree on child visitation, the court can turn the agreement into a court order. This makes sure the agreement is legally enforceable.
- Scheduled visitation: The court may order supervised visitation if there are worries about the non-custodial parent’s ability to keep the child safe.
- Varying court’s order: Parents can request to vary the visitation order if circumstances change. Valid reasons for seeking a variance of order include changes in work schedule or residence (to vary a court order means to amend what was decided by the court in the past).
Conclusion
Parents must follow court orders and agreements for child visitation. Not following the rules can result in legal repercussions. It is time for parents in Malaysia to get legal help to understand and protect their rights to visit their child. The child’s well-being should be the most important thing.
Perhaps we may have a slight bias, yet we firmly believe that if the biological mother wishes to keep Musa away from public attention, then that decision should be respected – prioritising the child’s welfare above all else.
