‘Best Interest of a Child’ Doctrine in Divorce Cases: Resorting to family mediation practice

Abstract

The best interest of the children in divorce cases may be best protected using the family mediation model. Although Malaysia has adopted the practice of mediation, it is not made compulsory for family disputes. This study aims at analyzing the effective interpretation of the 'best interest of a child' by replacing the adversarial platform with a family mediation platform. This study adopts a qualitative approach utilizing doctrinal study, content analysis, and interview. The outcome showed that there is a need to promote family mediation in Malaysia and this may assist the stakeholders in developing a harmonious platform for family disputes.

Keywords: Child’s Rights, family mediation, divorce, developmental psychology  

eISSN: 2398-4287© 2020. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.

DOI: https://doi.org/10.21834/ebpj.v5i15.2413