by Amanda L
KUCHING, Dec 1: Under native Adat relating to child custody, the Majlis Adat Istiadat Sarawak (Council for Native Customs & Traditions Sarawak) has proposed allowing legal custody to be granted to one parent, instead of strictly adhering to the traditional split-custody system.
Minister in the Premier’s Department Dato Sri John Sikie Tayai said the proposal forms part of the council’s ongoing effort to modernise Adat practices to better reflect modern-day family and social realities.
Speaking during his winding-up speech at the Legislative Assembly (DUS) sitting today, he noted that the current Adat on child custody often results in split custody, where children are divided equally between parents after a divorce. This, he said, can be emotionally damaging, difficult to enforce, and disruptive to family stability.
“To mitigate the harshness of such Adat, the Majlis Adat Istiadat Sarawak suggests that one of the parents should be awarded legal custody of all the children while the other would get access and visitation rights. The parent who does not get legal custody would provide maintenance to the children,” he said.
In cases involving teenagers who can clearly express their preferences, the court may consider the children’s wishes when determining custody.
He emphasised that many long-standing Adat provisions were rooted in ancient beliefs and spirituality, and some no longer align with the needs of contemporary native communities.
He added that the Majlis Adat Istiadat Sarawak has begun a comprehensive academic review of Adat at the end of 2022. The work covers reinterpretation, enhancement and the introduction of new secular-based provisions without abolishing traditional Adat.
Sikie stressed that the reinterpretation exercise does not abolish traditional Adat but provides a parallel secular alternative that can better address differing situations within native communities. — DayakDaily
