AMY LEE WAI YEE NORBERT FERNANDEZ

AMY LEE WAI YEE NORBERT FERNANDEZ

Applying the paramountcy of the children's welfare, the court accepted the children’s expressed unanimous wish to remain together and reside at the family home with their father, accepted the independent government specialist's finding that KLF does not meet ASD criteria, found insufficient evidence of abuse, and concluded that joint guardianship with physical care and control vested in the Respondent best serves the children's welfare; financial responsibility is shared and Applicant ordered to contribute RM500 per child per month plus equal sharing of education and medical costs and past therapy costs of RM43,902 to be borne equally.

Citation
BA-24F-169-07/2024 (Mahkamah Tinggi)
Parties
Applicant Wife: Amy Lee Wai Yee; Respondent Husband: Norbert Fernandez
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 June 2025
Case Number
BA-24F-169-07/2024 (Mahkamah Tinggi)
Procedural Posture
Guardianship, Custody, Access and Maintenance Application Under Guardianship of Infants Act 1961 and Law Reform (marriage & Divorce) Act 1976 / Trial Court Judgment on Interim Custody and Maintenance; Appeal Lodged
Outcome
Court ordered joint guardianship and custody; physical care and control vested in Respondent; access to Applicant; maintenance and cost-sharing orders made; parties to bear their own costs
Legal Topics
Best Interests of the Child, Joint Guardianship, Physical Care and Control, Child Interviews and Wishes, Child Disability Assessment, Sibling Unity, Parental Financial Contribution
Source Language
Malay/English
Family Law Child Custody Guardianship Maintenance Best Interests of the Child Joint Guardianship Physical Care and Control Child Interviews and Wishes +3 more

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Parties

Amy Lee Wai Yee

Applicant Wife

Norbert Fernandez

Respondent Husband

Procedural Posture

Guardianship, Custody, Access and Maintenance Application Under Guardianship of Infants Act 1961 and Law Reform (marriage & Divorce) Act 1976 / Trial Court Judgment on Interim Custody and Maintenance; Appeal Lodged

Legal Issues

  1. 1 Whether sole guardianship, custody, care and control should be granted to Applicant or Respondent
  2. 2 Whether KLF has Autism Spectrum Disorder and relevance to custody
  3. 3 Whether the children should be kept together or separated between parents

Ratio Decidendi

Applying the paramountcy of the children's welfare, the court accepted the children’s expressed unanimous wish to remain together and reside at the family home with their father, accepted the independent government specialist's finding that KLF does not meet ASD criteria, found insufficient evidence of abuse, and concluded that joint guardianship with physical care and control vested in the Respondent best serves the children's welfare; financial responsibility is shared and Applicant ordered to contribute RM500 per child per month plus equal sharing of education and medical costs and past therapy costs of RM43,902 to be borne equally.

Court Disposition

Court ordered joint guardianship and custody; physical care and control vested in Respondent; access to Applicant; maintenance and cost-sharing orders made; parties to bear their own costs

Orders

  • Guardianship and custody of all four children to be jointly shared by Applicant and Defendant
  • Physical care and control of the children vested in the Defendant