Bar Council backs proposal for federal child support agency

The Malaysian Bar Council has expressed support for Seputeh MP Teresa Kok’s suggestion for a federal child support agency to strengthen the enforcement of court-ordered child maintenance.

Bar Council President Ezri Abdul Wahab said in a press statement today that the council would also be ready to assist in developing the legal framework through analysis, consultation, and engagement with relevant stakeholders.

“This 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, 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.

“It would also reduce the strain on the courts, lower legal costs for vulnerable parties, and strengthen the family institution,” Ezri said.

Last week, Seputeh MP Teresa Kok suggested that a federal-level support agency should be implemented to enforce stricter compliance for child support payments.

She urged the government to model the agency after those in Australia, the United Kingdom, and Canada, which operate government-run systems to enforce maintenance payments through wage deductions, passport suspensions, and legal action.

The move was backed by legal experts and NGOs, including SIS Forum, Women’s Aid Organisation, and Tenaganita, who unanimously agreed that existing laws are ineffective in getting absent fathers to pay for child support.

A legal obligation

Ezri emphasised that the framework should also be inclusive and non-discriminatory, regardless of ethnic, religious, or socio-economic background, while still operating within respective jurisdictions of the civil and syariah courts.

He also cited the United Kingdom’s Child Maintenance Service and Canada’s Maintenance Enforcement Programs as examples, which implement direct wage deductions and other measures to ensure 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.

“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 added.

Lawyer Nizam Bashir also told Malaysiakini last week that existing legislation should be reviewed alongside the establishment of this proposed agency.

While existing laws such as the Married Women and Children (Maintenance) Act 1950 and the Islamic Family Law (Federal Territories) Act 1984 outline a comprehensive framework for the legal maintenance of children, there is still a lack of effective enforcement against absent fathers who fail to meet their legal obligations, he said.

Current laws not enough to get deadbeat dads to pay up: Experts

Seputeh MP proposes agency to enforce child support on errant fathers

COMMENT | Why Malaysia's women are still waiting for equality