XXXX K E N

XXXX K E N

Counterclaim for joint guardianship and joint custody dismissed because Defendant demonstrated prolonged disengagement and lack of genuine involvement, and granting joint custody would jeopardize the child's welfare; access granted limitedly and subject to child's consent; claim for arrears dismissed due to lengthy unexplained delay and apparent strategic motive by mother; Defendant ordered to pay monthly maintenance MYR2,500 with 10% annual increment until completion of tertiary education and to contribute 30% of tertiary education costs if required.

Citation
WA-24F-212-08/2024 (Mahkamah Tinggi)
Parties
Plaintiff: BEN (minor); Defendant: 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) Transferred to High Court / Judgment at High Court
Outcome
Counterclaim for joint guardianship and joint custody dismissed; Plaintiff's claim for arrears dismissed; limited access granted to Defendant; monthly maintenance awarded.
Legal Topics
Custody, Guardianship, Access/visitation, Maintenance, Arrears, Delay/laches, Welfare of the Child, Tertiary Education Contribution
Source Language
Malay/English
Family Law Child Maintenance Guardianship and Custody Civil Procedure Custody Guardianship Access/visitation Maintenance +4 more

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Parties

BEN (minor)

Plaintiff

KEN

Defendant

Procedural Posture

Originating Summons (child Maintenance) Transferred to High Court / Judgment at High Court

Legal Issues

  1. 1 Whether Defendant should have joint guardianship and joint custody of the Plaintiff
  2. 2 Whether Defendant should be granted access/visitation rights
  3. 3 Whether Defendant was obligated to pay arrears in child maintenance of MYR303,657.32

Ratio Decidendi

Counterclaim for joint guardianship and joint custody dismissed because Defendant demonstrated prolonged disengagement and lack of genuine involvement, and granting joint custody would jeopardize the child's welfare; access granted limitedly and subject to child's consent; claim for arrears dismissed due to lengthy unexplained delay and apparent strategic motive by mother; Defendant ordered to pay monthly maintenance MYR2,500 with 10% annual increment until completion of tertiary education and to contribute 30% of tertiary education costs if required.

Court Disposition

Counterclaim for joint guardianship and joint custody dismissed; Plaintiff's claim for arrears dismissed; limited access granted to Defendant; monthly maintenance awarded.

Orders

  • Plaintiff’s claim for arrears of MYR303,657.32 dismissed
  • Counterclaim for joint guardianship and joint custody dismissed