The Malaysian Bar welcomes the call made in Parliament during the debate on the 13th Malaysia Plan on the establishment of a federal framework to strengthen the enforcement of court-ordered child maintenance.
This proposal represents an important opportunity to address one of the most persistent challenges in the family justice system – non-compliance with maintenance orders.
For far too long, 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 advocates for systemic reforms that make family law processes more accessible, effective and fair.
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.
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It would also reduce the strain on the courts, lower legal costs for vulnerable parties, and strengthen the family institution.
We note that in some jurisdictions, as seen with the UK’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 socioeconomic background, and operating within the respective jurisdictions of the civil and Sharia courts.
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 wellbeing of children and the long-term stability of families. – Bar
Mohamad Ezri Abdul Wahab is the president of the Malaysian Bar.
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
