PETALING JAYA: A child rights activist has called for a push to treat parental child abduction as a serious crime.
James Nayagam of the Suriana Welfare Society said there was currently a lack of awareness of the seriousness of the issue, and offences were often treated as civil cases.
He said authorities would rarely intervene, considering such cases as family matters.
“They think it is not worth the effort. In all my 40 years of work with hundreds of cases, never have I come across one where the authorities stepped in and the case was solved,” he told FMT.
“It’s an invisible problem.”
FMT spoke to a divorced Dutch national who has not seen his children for months. As far as he knows, they are somewhere in Indonesia with his former wife.
After the two divorced in 2019, they took turns to care for their 11-year-old son and eight-year-old daughter under joint custody while living in Kuala Lumpur.
But upon his return from an emergency trip to the Netherlands early this year, Adrian (not his real name) was barred from meeting his children and was unable to contact them. Two months later, he was told his former wife had travelled out of the country.
According to him, the children have not been in school for more than a year as of this month. He said his former wife previously agreed for them to relocate to the Netherlands and begin the new school term there in November 2020.
“Last week, I saw my son online and contacted him on his computer via Google Hangouts. Sadly, he did not reply or take my video calls either.
“My ex-wife has broken off all communications lines. There is zero dialogue and I have no idea what the future holds for our children.”
Nayagam described parental child abduction as “often a form of revenge or spite against the other party” and “very traumatic for the kids”.
In Malaysia, it is prohibited to some extent by family law statutes, the Child Act and the Penal Code.
However, according to Sisters in Islam communications officer Aleza Othman, a parent who abducts his or her child locally suffers no legal consequences.
“Unfortunately, cases of parental child abduction do drag on and go on unresolved,” she said. “This is where enforcement of court orders on child custody is crucial.”
Aleza said that even under anti-pandemic movement control orders, there had been several cases of children being taken away from one parent without the other’s consent. Of all the enquiries SIS received last year, 9% were about child abduction.
It is known that some children live in fear with the parent who abducted them and some suffer from stress and exhibit symptoms such as inconsolable crying, headaches, bed-wetting and sickness.
Malaysia is party to the UN Convention on the Rights of the Child but not to the Hague Convention on the Civil Aspects of International Child Abduction, which has been ratified by 82 countries.
“It is disappointing that Malaysia has yet to accede to the Hague Convention,” Aleza said. “In the many complaints that we have received, the authorities do not have adequate powers to return the child to Malaysia.”
Nayagam proposed that helplines or support groups be set up so that parents who have had their children abducted will know who to refer to.
He also said the courts should have an expert advising them on a child’s emotional state when settling custody cases.
“Parents can get a divorce, but they must also consider what is in the best interest of the child.”
Those facing problems with parental child abduction may contact the following for enquiries and assistance:
- Telenisa Sisters in Islam: 012-8123424 (Monday to Friday, 9am to 5pm. Available through WhatsApp and phone call)
- James Nayagam: 012-3141100
- Social Welfare Department: 03-80008000