PEMPETISYEN 1. ) CHOY CHIN SENG 2. ) PAULINE CHAN

PEMPETISYEN 1. ) CHOY CHIN SENG 2. ) PAULINE CHAN

The PW failed to prove a material change in circumstances on the balance of probabilities. Her allegations were largely disputed and uncorroborated; only one isolated late return occurred in 2020 with no recurrence and no evidence of harm to the child. The psychiatric report lacked input from the respondent and was given limited weight. The child's welfare and wishes, and the absence of proof of harm, justified maintaining the joint custody arrangement; therefore the application to vary custody was dismissed.

Citation
BA-33JP-929-11/2018 (Mahkamah Tinggi)
Parties
Petitioner Husband: CHOY CHIN SENG; Petitioner Wife: PAULINE CHAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 June 2025
Case Number
BA-33JP-929-11/2018 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition; Application Under Section 96 LRA to Vary Custody Order / High Court Hearing — Application to Vary Custody Dismissed
Outcome
Application dismissed with costs
Legal Topics
Variation of Custody Order, Material Change in Circumstances, Child Access Rights, Best Interests of the Child, Evidentiary Burden in Interlocutory Custody Applications
Source Language
Malay/English
Family Law Child Custody Divorce Law Procedural Law Variation of Custody Order Material Change in Circumstances Child Access Rights Best Interests of the Child +1 more

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Parties

CHOY CHIN SENG

Petitioner Husband

PAULINE CHAN

Petitioner Wife

Procedural Posture

Divorce Petition; Application Under Section 96 LRA to Vary Custody Order / High Court Hearing — Application to Vary Custody Dismissed

Legal Issues

  1. 1 Whether there has been a material change in circumstances warranting variation of the custody order under s.96 LRA
  2. 2 Whether the petitioner proved allegations of neglect, unsuitability or harm by the respondent parent
  3. 3 Whether access restrictions sought are in the child's best interests

Ratio Decidendi

The PW failed to prove a material change in circumstances on the balance of probabilities. Her allegations were largely disputed and uncorroborated; only one isolated late return occurred in 2020 with no recurrence and no evidence of harm to the child. The psychiatric report lacked input from the respondent and was given limited weight. The child's welfare and wishes, and the absence of proof of harm, justified maintaining the joint custody arrangement; therefore the application to vary custody was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Encl 22 (PW's Notice of Application dated 22.8.2024) dismissed with costs