XXXX K E N

XXXX K E N

Counter-claim for joint guardianship and joint custody dismissed because defendant demonstrated prolonged disengagement, lack of meaningful involvement, and parental acrimony which would jeopardise the child's welfare; defendant granted limited access (first Saturday monthly 11:00–15:00) subject to the child's consent. Plaintiff's claim for arrears dismissed due to an eight‑year unexplained delay and apparent improper motive; monthly maintenance ordered at MYR2,500 with a 10% annual increment until completion of tertiary education and defendant to contribute 30% of tertiary education costs if needed, because claimed higher sum included non-essential extracurricular expenses and the...

Citation
WA-24F-212-08/2024 (Mahkamah Tinggi)
Parties
Plaintiff (minor): BEN; Mother and Litigation Representative for the Plaintiff: SEN; Defendant (biological Father): KEN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 April 2025
Case Number
WA-24F-212-08/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Child Maintenance and Custody/access Issues / Final Judgment
Outcome
Application partly allowed; counterclaim dismissed
Legal Topics
Maintenance Arrears, Monthly Maintenance Quantum, Joint Guardianship and Custody, Access/visitation Rights, Delay/limitation in Bringing Claims, Education Cost Contributions
Source Language
Malay/English
Family Law Child Guardianship Child Maintenance Custody and Access Civil Procedure Maintenance Arrears Monthly Maintenance Quantum Joint Guardianship and Custody +3 more

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Parties

BEN

Plaintiff (minor)

SEN

Mother and Litigation Representative for the Plaintiff

KEN

Defendant (biological Father)

Procedural Posture

Originating Summons Child Maintenance and Custody/access Issues / Final Judgment

Legal Issues

  1. 1 Whether defendant should be awarded joint guardianship and joint custody
  2. 2 Whether defendant should be granted access/visitation
  3. 3 Whether defendant liable for arrears of child maintenance (MYR303,657.32) given eight-year delay

Ratio Decidendi

Counter-claim for joint guardianship and joint custody dismissed because defendant demonstrated prolonged disengagement, lack of meaningful involvement, and parental acrimony which would jeopardise the child's welfare; defendant granted limited access (first Saturday monthly 11:00–15:00) subject to the child's consent. Plaintiff's claim for arrears dismissed due to an eight‑year unexplained delay and apparent improper motive; monthly maintenance ordered at MYR2,500 with a 10% annual increment until completion of tertiary education and defendant to contribute 30% of tertiary education costs if needed, because claimed higher sum included non-essential extracurricular expenses and the...

Court Disposition

Application partly allowed; counterclaim dismissed

Orders

  • Plaintiff's claim for arrears in child maintenance (MYR303,657.32) dismissed
  • Defendant ordered to pay monthly child maintenance of MYR2,500 with a 10% annual increment until the Plaintiff completes tertiary education