LAIN-LAIN 1. ) CHUA AUN CHI (P) 2. ) CHONG CHUN WEI (L)

LAIN-LAIN 1. ) CHUA AUN CHI (P) 2. ) CHONG CHUN WEI (L)

All three applications (Enclosures 19, 22 and 25) were dismissed: the interim mutually agreed order dated 8.5.2018 is to be preserved to avoid upheaval to the infant; applicant failed to prove material change of circumstances to vary custody and failed to meet the criminal standard for contempt; consent Decree Nisi breaches do not automatically attract committal; s.88(3) presumption favouring the mother for a child under seven applies.

Citation
PA-33JP-597-08/2017 (Mahkamah Tinggi)
Parties
Petitioner (wife): Chua Aun Chi; Petitioner (husband): Chong Chun Wei
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
PA-33JP-597-08/2017 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition With Interlocutory Applications to Vary Custody and Committal for Contempt / Judgment on Enclosures (applications) at Trial Court; Appeals Noted to Court of Appeal
Outcome
Enclosures 19, 22 and 25 dismissed; Order dated 8.5.2018 preserved; Decree Nisi terms maintained and Decree Absolute to follow per original timetable; no costs ordered.
Legal Topics
Decree Nisi, Variation of Custody Orders, Access/visitation, Committal for Contempt, Injunctions, Best Interests of the Child, Statutory Presumptions Under S.88(3)
Source Language
Malay/English
Family Law Child Custody Contempt of Court Procedural Law Decree Nisi Variation of Custody Orders Access/visitation Committal for Contempt +3 more

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Parties

Chua Aun Chi

Petitioner (wife)

Chong Chun Wei

Petitioner (husband)

Procedural Posture

Divorce Petition With Interlocutory Applications to Vary Custody and Committal for Contempt / Judgment on Enclosures (applications) at Trial Court; Appeals Noted to Court of Appeal

Legal Issues

  1. 1 Whether the Decree Nisi custody/access terms should be varied to grant sole custody to the father
  2. 2 Whether an injunction is necessary to protect father's access rights
  3. 3 Whether the mother and her mother are guilty of contempt for obstructing access

Ratio Decidendi

All three applications (Enclosures 19, 22 and 25) were dismissed: the interim mutually agreed order dated 8.5.2018 is to be preserved to avoid upheaval to the infant; applicant failed to prove material change of circumstances to vary custody and failed to meet the criminal standard for contempt; consent Decree Nisi breaches do not automatically attract committal; s.88(3) presumption favouring the mother for a child under seven applies.

Court Disposition

Enclosures 19, 22 and 25 dismissed; Order dated 8.5.2018 preserved; Decree Nisi terms maintained and Decree Absolute to follow per original timetable; no costs ordered.

Orders

  • Enclosure 19 dismissed (injunction/unnecessary; order of 8.5.2018 continued and preserved)
  • Enclosure 22 dismissed (no variation of custody; custody, care and control to remain with mother)