GOH SWEE POR TEE BEE CHIN

GOH SWEE POR TEE BEE CHIN

The Court of Appeal held that the Appellant's WhatsApp request on 10 December 2022 for the child's passport information was made within one month of the proposed holiday (24 December 2022) and paragraph 4.8.2 of the Revised Consent Order did not require disclosure of the holiday itinerary; the Respondent's refusal to provide the passport information therefore breached paragraph 4.8.2 and constituted contempt, warranting a financial penalty rather than imprisonment.

Citation
B-02(IM)-1408-09/2023 (Mahkamah Rayuan)
Parties
Appellant (petitioner/husband): GSP; Respondent (wife): TBC
Court
IM
Jurisdiction
Malaysia
Judgment Date
21 February 2025
Case Number
B-02(IM)-1408-09/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (committal for Contempt Arising From Family/divorce Proceedings) / Judgment (court of Appeal, 21 February 2025)
Outcome
Appeal allowed in part; High Court order dated 18 August 2023 set aside insofar as it held no breach for December 2022 holiday access; Respondent held in contempt of paragraph 4.8.2 of the Revised Consent Order.
Legal Topics
Committal Proceedings, Consent Order Enforcement, Access and Guardianship, Holiday Access and Passport Disclosure, Delay and Laches, Mitigation and Sentencing, Costs
Source Language
Malay/English
Family Law Contempt of Court Child Custody Civil Procedure Appeal Committal Proceedings Consent Order Enforcement Access and Guardianship +4 more

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Parties

GSP

Appellant (petitioner/husband)

TBC

Respondent (wife)

Procedural Posture

Civil Appeal (committal for Contempt Arising From Family/divorce Proceedings) / Judgment (court of Appeal, 21 February 2025)

Legal Issues

  1. 1 Whether the Respondent committed contempt by refusing to provide the child's passport information for holiday travel in December 2022 (breach of paragraph 4.8.2 of the Revised Consent Order)
  2. 2 Whether the Petitioner's request for passport information was made within the time required by the Order
  3. 3 Whether the Consent Order required disclosure of full holiday itinerary as a condition precedent to providing the passport information

Ratio Decidendi

The Court of Appeal held that the Appellant's WhatsApp request on 10 December 2022 for the child's passport information was made within one month of the proposed holiday (24 December 2022) and paragraph 4.8.2 of the Revised Consent Order did not require disclosure of the holiday itinerary; the Respondent's refusal to provide the passport information therefore breached paragraph 4.8.2 and constituted contempt, warranting a financial penalty rather than imprisonment.

Court Disposition

Appeal allowed in part; High Court order dated 18 August 2023 set aside insofar as it held no breach for December 2022 holiday access; Respondent held in contempt of paragraph 4.8.2 of the Revised Consent Order.

Orders

  • Respondent found in contempt for breaching paragraph 4.8.2 of the Revised Consent Order (refusal to provide child's passport information for December 2022 holiday)
  • Respondent to pay a fine of RM20000.00 on or before 4.00pm on 21 March 2025; failure to pay by that time to result in imprisonment for one (1) month