Zhu JiJi (People’s Republic of China Passport No. G33363942) 1. Yeoh Ee Seong (No. KP: 781126-07-5871) 2. Ng Sze Ling (No. KP: 881220-35-5042)

Zhu JiJi (People’s Republic of China Passport No. G33363942) 1. Yeoh Ee Seong (No. KP: 781126-07-5871) 2. Ng Sze Ling (No. KP: 881220-35-5042)

The 1st respondent failed to prove on the balance of probabilities a material change in circumstances: the allegations of abuse and inappropriate sexual conduct were unsupported, contemporaneous medical and documentary evidence were equivocal or lacking, recordings and photographs were unreliable or orchestrated, and the existing custody arrangement demonstrably served the children’s welfare; therefore the application to vary the consent order was dismissed.

Citation
33-29-01/2015 (Mahkamah Tinggi)
Parties
Petitioner: Zhu JiJi; 1st Respondent: Yeoh Ee Seong; 2nd Respondent: Ng Sze Ling
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 September 2020
Case Number
33-29-01/2015 (Mahkamah Tinggi)
Procedural Posture
Divorce (variation of Consent Order Under Law Reform (marriage and Divorce) Act 1976) / Application to Vary Consent Order (s96 & S97 Lra) — Judgment on Application
Outcome
Application to vary consent order dismissed
Legal Topics
Custody Variation, Welfare of the Child, Consent Order Variation, Remarriage Effect on Custody, Affidavit Evidence and Credibility, Allegations of Child Abuse
Source Language
Malay/English
Family Law Child Custody Maintenance Civil Procedure (variation of Orders) Custody Variation Welfare of the Child Consent Order Variation Remarriage Effect on Custody +2 more

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Parties

Zhu JiJi

Petitioner

Yeoh Ee Seong

1st Respondent

Ng Sze Ling

2nd Respondent

Procedural Posture

Divorce (variation of Consent Order Under Law Reform (marriage and Divorce) Act 1976) / Application to Vary Consent Order (s96 & S97 Lra) — Judgment on Application

Legal Issues

  1. 1 Whether there has been a material change in circumstances warranting variation of a consent custody order
  2. 2 Whether the petitioner is unfit to have custody due to alleged abuse or immoral behaviour
  3. 3 Reliability of affidavit evidence, photographs and recordings

Ratio Decidendi

The 1st respondent failed to prove on the balance of probabilities a material change in circumstances: the allegations of abuse and inappropriate sexual conduct were unsupported, contemporaneous medical and documentary evidence were equivocal or lacking, recordings and photographs were unreliable or orchestrated, and the existing custody arrangement demonstrably served the children’s welfare; therefore the application to vary the consent order was dismissed.

Court Disposition

Application to vary consent order dismissed

Orders

  • Enclosure 71 (application to vary consent order) dismissed with costs