The past decade has seen a growing recognition internationally that children have a right
to participate in matters that affect their lives. In a family legal proceeding, it is in practice left to the
discretion of a judge to decide whether the child is heard. Interviews have become the most common
approach by family court judges in Malaysia to resolve problematic custody disputes. However, many
family law practitioners believe that this can be detrimental to the children as the judges are not experts
in child psychology and counselling. Hence, this article intends to critique the effectiveness of Sulh
(mediation) procedure in resolving custody dispute (hadhanah) in the Syariah Court. Despite the
importance of consulting the affected children, their views are rarely sought nor acknowledged within
the judicial setting. Legal fraternity and parents play a significant influence on whether children’s are
heard in court and Sulh chamber. There is a need for further research to explore legal professionals’ and parents’ perspectives on children’s active involvement in decision-making. This information could
be used to develop guidelines that will assist professionals and parent in facilitating and supporting
children’s participation.