Simon John Clark Goh Hui Li

Simon John Clark Goh Hui Li

Plaintiff failed to prove on the balance of probabilities any material change in circumstances since the original Order; allegations of parental alienation were unsubstantiated and many incidents predated the Order; timing and nature of the application indicated an improper attempt to appeal by variation; therefore no variation was justified and the application is dismissed with costs.

Citation
WA-24F-103-05/2020 (Mahkamah Tinggi)
Parties
Plaintiff: ARK; Defendant: HUG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 February 2023
Case Number
WA-24F-103-05/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summons No. WA 24 F 103 05/2020 / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Variation of Order, Material Change in Circumstances, Parental Alienation, Access Rights, Spousal Maintenance
Source Language
Malay/English
Family Law Matrimonial Law Child Custody Maintenance Variation of Order Material Change in Circumstances Parental Alienation Access Rights +1 more

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Parties

ARK

Plaintiff

HUG

Defendant

Procedural Posture

Originating Summons No. WA 24 F 103 05/2020 / Final Judgment

Legal Issues

  1. 1 Whether there has been a material change in circumstances under s96 Law Reform (Marriage & Divorce) Act 1976 to justify variation of custody, access and maintenance orders
  2. 2 Whether allegations of parental alienation were proven and sufficient to vary the Order
  3. 3 Whether spousal maintenance should be ceased and child maintenance increased

Ratio Decidendi

Plaintiff failed to prove on the balance of probabilities any material change in circumstances since the original Order; allegations of parental alienation were unsubstantiated and many incidents predated the Order; timing and nature of the application indicated an improper attempt to appeal by variation; therefore no variation was justified and the application is dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The Originating Summons to vary custody, access and maintenance is dismissed with costs