ALARIC LAU HON PHUNG WONG SHU FUNG

ALARIC LAU HON PHUNG WONG SHU FUNG

Applying the paramount welfare principle, the court found the evidence of physical abuse of child K by the mother credible (photographs, WhatsApp messages, police report), the children (age 12 and 9) independently expressed a clear wish to remain with their father, and the father's care provided a stable environment; therefore joint guardianship and custody were appropriate but physical care and control was awarded to the father pending final disposal, with reasonable access to the mother.

Citation
BA-24F-69-03/2024 (Mahkamah Tinggi)
Parties
Applicant (husband): Alaric Lau Hon Phung; Respondent (wife): Wong Shu Fung; Child: Kingsley Lau Wen Pin; Child: Lerraine Lau Phun Tee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 May 2025
Case Number
BA-24F-69-03/2024 (Mahkamah Tinggi)
Procedural Posture
Judicial Separation and Family Custody Applications / Interim Custody Hearing and Appeal (judgment on Interim Applications)
Outcome
Appeal by Petitioner Wife dismissed in respect of interim custody; joint custody/guardianship to both parents affirmed and physical care and control granted to Respondent Husband
Legal Topics
Custody, Care and Control, Guardianship, Access/visitation, Interim Protection Order, Welfare of the Child
Source Language
Malay/English
Family Law Child Welfare Guardianship Domestic Violence Custody Care and Control Access/visitation Interim Protection Order +1 more

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Parties

Alaric Lau Hon Phung

Applicant (husband)

Wong Shu Fung

Respondent (wife)

Kingsley Lau Wen Pin

Child

Lerraine Lau Phun Tee

Child

Procedural Posture

Judicial Separation and Family Custody Applications / Interim Custody Hearing and Appeal (judgment on Interim Applications)

Legal Issues

  1. 1 Whether sole custody, care and control should be granted to the Petitioner Wife or the Respondent Husband
  2. 2 Whether allegations of parental physical abuse rebut presumption and justify withholding physical custody
  3. 3 Weight to be given to the wishes of children above seven years old

Ratio Decidendi

Applying the paramount welfare principle, the court found the evidence of physical abuse of child K by the mother credible (photographs, WhatsApp messages, police report), the children (age 12 and 9) independently expressed a clear wish to remain with their father, and the father's care provided a stable environment; therefore joint guardianship and custody were appropriate but physical care and control was awarded to the father pending final disposal, with reasonable access to the mother.

Court Disposition

Appeal by Petitioner Wife dismissed in respect of interim custody; joint custody/guardianship to both parents affirmed and physical care and control granted to Respondent Husband

Orders

  • Joint custody of both children granted to both parents pending final disposal of the Judicial Separation Petition
  • Physical care and control of the children given to the Respondent Husband pending final disposal