PEMPETISYEN ONG TZE HOW CHONG CHAR CHYEE

PEMPETISYEN ONG TZE HOW CHONG CHAR CHYEE

Applicant failed to prove a material change in circumstances or exceptional circumstances required to vary a consent decree under s.96; evidential record (audio/video) was insufficient and possibly influenced; judicial interview of the children supported maintaining the status quo; therefore variation refused.

Citation
JA-33-198-05/2019 (Mahkamah Tinggi)
Parties
Petitioner: Ong Tze How; Respondent: Chong Char Chyee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 April 2023
Case Number
JA-33-198-05/2019 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition (custody and Maintenance Variation) / Application to Vary Consent Order Under S.96 (heard and Dismissed)
Outcome
application dismissed
Legal Topics
Custody, Care and Control, Access, Maintenance, Variation of Consent Order, Best Interests of the Child, Evidence and Burden of Proof
Source Language
Malay/English
Family Law Child Custody Maintenance Procedure for Variation of Orders Custody Care and Control Access Variation of Consent Order +2 more

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Parties

Ong Tze How

Petitioner

Chong Char Chyee

Respondent

Procedural Posture

Divorce Petition (custody and Maintenance Variation) / Application to Vary Consent Order Under S.96 (heard and Dismissed)

Legal Issues

  1. 1 Whether there was a material change in circumstances under s.96 to warrant varying a consent order
  2. 2 Whether exceptional circumstances exist to disturb a consent order
  3. 3 Whether applicant discharged burden of proof on balance of probabilities

Ratio Decidendi

Applicant failed to prove a material change in circumstances or exceptional circumstances required to vary a consent decree under s.96; evidential record (audio/video) was insufficient and possibly influenced; judicial interview of the children supported maintaining the status quo; therefore variation refused.

Court Disposition

application dismissed

Orders

  • Kandungan 32 (application to vary consent decree under s.96) dismissed
  • Status quo maintained as per Decree Nisi dated 4.9.2019 (joint custody; care and control with respondent; applicant access as ordered)