U.S. Department of State Seal
U.S. DEPARTMENT of STATE — BUREAU of CONSULAR AFFAIRS

International Parental Child Abduction

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Country Information

Malaysia

Malaysia
Malaysia
Exercise normal precautions in Malaysia. Some areas have increased risk. Read the entire Travel Advisory.

Reissued after periodic review with minor edits.

Exercise normal precautions in Malaysia. Some areas have increased risk. 

Exercise Increased Caution in:

  • The eastern area of Sabah State due to kidnapping.

Read the country information page for additional information on travel to Malaysia.

If you decide to travel to Malaysia:

Eastern Area of Sabah State – Level 2: Exercise Increased Caution

There is a threat of kidnappings-for-ransom from both terrorist and criminal groups. These groups may attack with little to no warning, targeting coastal resorts, island resorts, and boats ferrying tourists to resort islands.

The U.S. government has limited ability to provide emergency services to U.S. citizens in eastern Sabah as U.S. government employees must obtain special authorization to travel to parts of eastern Sabah.

... [READ MORE]

Hague Convention Participation

Party to the Hague Abduction Convention?
No
U.S. Treaty Partner under the Hague Abduction Convention?
No

What You Can Do

Learn how to respond to abductions FROM the US
Learn how to respond to abductions TO the US

U.S. Embassy Kuala Lumpur

376 Jalan Tun Razak
50400, Kuala Lumpur
Malaysia
Telephone: +(60) (3) 2168-5000
Emergency After-Hours Telephone: +(60) (3) 2168-5000 (press 0 at the recording)
Fax: +(60) (3) 2148-5801
Email: klacs@state.gov

For information concerning travel to Malaysia, including information about the location of the U.S. Embassy, the Smart Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information, traffic safety, road conditions and aviation safety, please see country-specific information for Malaysia.

The U.S. Department of State reports statistics and compliance information for individual countries in the Annual Report on International Child Abduction. The report is located here

Malaysia is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention), nor are there any bilateral agreements in force between Malaysia and the United States concerning international parental child abduction.

Legal systems and laws pertaining to custody, divorce, and parental abduction vary widely from country to country.  Parents are encouraged to consult with an attorney who specializes in family law in Malaysia and who can provide accurate legal guidance that is specific to their circumstances. 

The Department of State’s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children’s Issues provides assistance in cases of international parental child abduction.  For U.S. citizen parents whose children have been wrongfully removed to or retained in countries that are not U.S. partners under the Hague Abduction Convention, the Office of Children’s Issues can provide information and resources about country-specific options for pursuing the return of or access to an abducted child.  The Office of Children’s Issues may also coordinate with appropriate foreign and U.S. government authorities about the welfare of abducted U.S. citizen children.  Parents are strongly encouraged to contact the Department of State for assistance.

Contact information:

U.S. Department of State
CA/OCS/CI
SA-17, 9th Floor
2201 C Street, N.W.
Washington, DC 20522-1709
Telephone:  1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Website:  travel.state.gov

Parental child abduction is not a crime in Malaysia. 

Parents may wish to consult with an attorney in the United States and in the country to which the child has been removed or retained to learn more about how filing criminal charges may impact a custody case in the foreign court.  Please see  Pressing Criminal Charges for more information. 

 

Legal systems and laws pertaining to custody, divorce, and parental abduction vary widely from country to country.  Parents are encouraged to consult with an attorney who specializes in family law in Malaysia and who can provide accurate legal guidance that is specific to their circumstances.

The Office of Children’s Issues may be able to assist parents seeking access to children who have been wrongfully removed from or retained outside the United States.   Parents who are seeking access to children who were not wrongfully removed from or retained outside the United States should contact the appropriate U.S. Embassy or Consulate in Malaysia for information and possible assistance.

 

Neither the Office of Children’s Issues nor consular officials at the U.S. Embassy in Malaysia are authorized to provide legal advice.

The U.S. Embassy in Kuala Lumpur, Malaysia may provide a list of attorneys, including those who specialize in family law. 

This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms included in this list. Professional credentials and areas of expertise are provided directly by the lawyers.

The Department of State is not aware of any government or private organizations that offer mediation services for custody disputes. 

Exercising Custody Rights

While travelling in a foreign country, you are subject to the laws of that country. It is important for parents to understand that, although a left-behind parent in the United States may have custody or visitation rights pursuant to a U.S. custody order, that order may not be valid and enforceable in the country in which the child is located.  For this reason, we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent.  Attempts to remove your child to the United States may:

  • Endanger your child and others;
  • Prejudice any future judicial efforts; and
  • Could result in your arrest and imprisonment.

The U.S. government cannot interfere with another country’s court or law enforcement system.

To understand the legal effect of a U.S. order in a foreign country, a parent should consult with a local attorney in the country in which the child is located.  

For information about hiring an attorney abroad, see our section on Retaining a Foreign Attorney. 

Although we cannot recommend an attorney to you, most U.S. Embassies have lists of attorneys available online. Please visit the local U.S. Embassy or Consulate website for a full listing.

For more information on consular assistance for U.S. citizens arrested abroad, please see our website.

Country officers are available to speak with you Monday - Friday, 8:00 a.m. - 5:00 p.m.  For assistance with an abduction in progress or any emergency situation that occurs after normal business hours, on weekends, or federal holidays, please call toll free at 1-888-407-4747. See all contact information.

DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change without notice. Questions involving interpretation of law should be addressed to an attorney licensed in the relevant jurisdiction. 

 

Last Updated: August 13, 2018

Assistance for U.S. Citizens

U.S. Embassy Kuala Lumpur
376 Jalan Tun Razak
50400, Kuala Lumpur
Malaysia
Telephone
+(60) (3) 2168-5000
Emergency
+(60) (3) 2168-5000 (press 1 at the recording)
Fax
+(60) (3) 2148-5801

Malaysia Map