PEMPETISYEN 1. ) chua yee kuan 2. ) Joanne Kay Kuak Zhen Wen

PEMPETISYEN 1. ) chua yee kuan 2. ) Joanne Kay Kuak Zhen Wen

On balance of probabilities the mother proved a material change in the child's circumstances and relocation to Australia is in the child's best welfare: therefore the consent order is varied to grant both parents shared guardianship but sole custody, care and control to the mother with unsupervised reasonable access to the father and the father's consent for immediate relocation once arrangements are made.

Citation
BA-33-74-02/2019 (Mahkamah Tinggi)
Parties
Petitioner Husband: CHUA YEE KUAN; Petitioner Wife: JOANNE KAY KUAK ZHEN WEN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 June 2025
Case Number
BA-33-74-02/2019 (Mahkamah Tinggi)
Procedural Posture
Family Variation of Consent Order (guardianship/custody/relocation) / Appellate Judgment
Outcome
Appeal dismissed; Petitioner Wife's application to vary the consent order allowed.
Legal Topics
Variation of Consent Order, Material Change of Circumstances, Welfare of the Child, Relocation Abroad, Access Rights
Source Language
Malay/English
Family Law Child Custody Guardianship Relocation Law Maintenance Variation of Consent Order Material Change of Circumstances Welfare of the Child +2 more

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Parties

CHUA YEE KUAN

Petitioner Husband

JOANNE KAY KUAK ZHEN WEN

Petitioner Wife

Procedural Posture

Family Variation of Consent Order (guardianship/custody/relocation) / Appellate Judgment

Legal Issues

  1. 1 Whether there has been a material change in circumstances since the consent order of 18.2.2019
  2. 2 Whether relocation of the child to Australia is in the child's best interest and welfare
  3. 3 Whether sole guardianship, custody, care and control should be awarded to the mother

Ratio Decidendi

On balance of probabilities the mother proved a material change in the child's circumstances and relocation to Australia is in the child's best welfare: therefore the consent order is varied to grant both parents shared guardianship but sole custody, care and control to the mother with unsupervised reasonable access to the father and the father's consent for immediate relocation once arrangements are made.

Court Disposition

Appeal dismissed; Petitioner Wife's application to vary the consent order allowed.

Orders

  • Petitioner Wife and Petitioner Husband to have shared guardianship of the child.
  • Sole custody, care and control of the child to be vested in the Petitioner Wife.