PEMPETISYEN Loh Siew Hong NAGAHSWARAN A/L MUNIANDY PENCELAH MAJLIS AGAMA DAN ISTIADAT MELAYU PERLIS

PEMPETISYEN Loh Siew Hong NAGAHSWARAN A/L MUNIANDY PENCELAH MAJLIS AGAMA DAN ISTIADAT MELAYU PERLIS

MAIPs failed to establish that the existing order was based on misrepresentation or that there has been a material change in circumstances sufficient to invoke s.96 LRA; MAIPs did not prove a lawful basis or evidential foundation to act as loco parentis or to justify intrusive supervised access; allowing the access sought would not be in the children’s best interests given their expressed wishes and traumatic history — accordingly L.117 is dismissed and the variation is refused.

Citation
WA-33-734-12/2019 (Mahkamah Tinggi)
Parties
Petitioner Wife: Loh Siew Hong; First Respondent: Nagahswaran a/l Muniandy; Second Respondent: Majlis Agama Islam dan Adat Istiadat Melayu Perlis (MAIPs)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 April 2023
Case Number
WA-33-734-12/2019 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition With Application to Vary Custody/access Under S.96 Law Reform (marriage & Divorce) Act 1976 / High Court Determination of Maips' Notice of Application (l.117) — Application Dismissed (11 October 2023)
Outcome
L.117 dismissed
Legal Topics
Unilateral Conversion of Minors, Variation of Custody/access Under S.96 LRA, Loco Parentis and Institutional Standing, Welfare of the Child Principle, Parental Child Alienation
Source Language
Malay/English
Family Law Child Custody Religious/constitutional Law Administrative Law Unilateral Conversion of Minors Variation of Custody/access Under S.96 LRA Loco Parentis and Institutional Standing Welfare of the Child Principle +1 more

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Parties

Loh Siew Hong

Petitioner Wife

Nagahswaran a/l Muniandy

First Respondent

Majlis Agama Islam dan Adat Istiadat Melayu Perlis (MAIPs)

Second Respondent

Procedural Posture

Divorce Petition With Application to Vary Custody/access Under S.96 Law Reform (marriage & Divorce) Act 1976 / High Court Determination of Maips' Notice of Application (l.117) — Application Dismissed (11 October 2023)

Legal Issues

  1. 1 Whether the Second Respondent (MAIPs) is an 'interested person' with standing to apply under s.96 LRA to vary custody/access orders
  2. 2 Whether there has been a material change in circumstances sufficient to vary the existing custody/CCC order under s.96 LRA
  3. 3 Whether MAIPs can act as loco parentis and be granted supervised access into the childrens' home and to instruct them in Islamic tenets

Ratio Decidendi

MAIPs failed to establish that the existing order was based on misrepresentation or that there has been a material change in circumstances sufficient to invoke s.96 LRA; MAIPs did not prove a lawful basis or evidential foundation to act as loco parentis or to justify intrusive supervised access; allowing the access sought would not be in the children’s best interests given their expressed wishes and traumatic history — accordingly L.117 is dismissed and the variation is refused.

Court Disposition

L.117 dismissed

Orders

  • L.117 filed by the Second Respondent (MAIPs) to vary the High Court order dated 31.03.2021 is dismissed
  • No order as to costs