H E K I N G

H E K I N G

Joint guardianship was awarded but custody, care and control were granted to the Respondent because the children had continuously resided with him and removal would disrupt their welfare; the presumption under s88(3) was rebutted on balance of probabilities by the established facts of primary caregiving and stability; Applicant was granted liberal access, minimal spousal maintenance (MYR250 monthly) based on means and needs, shared responsibility for children's expenses and half of the proven mobile bill (MYR1,500).

Citation
WA-24F-113-04/2023 (Mahkamah Tinggi)
Parties
Applicant: HEK; Respondent: ING
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 February 2024
Case Number
WA-24F-113-04/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons – Family Law (custody, Guardianship, Maintenance) / Judgment on Originating Summons / Final Determination
Outcome
Application partially allowed
Legal Topics
Custody, Guardianship, Child Welfare, Spousal Maintenance, Child Maintenance, Counterclaim Procedure, Access Orders, Tender Years Doctrine, Mediation
Source Language
Malay/English
Family Law Child Custody Guardianship Law Maintenance Law Civil Procedure Custody Guardianship Child Welfare +6 more

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Parties

HEK

Applicant

ING

Respondent

Procedural Posture

Originating Summons – Family Law (custody, Guardianship, Maintenance) / Judgment on Originating Summons / Final Determination

Legal Issues

  1. 1 Whether Applicant should have sole guardianship, custody, care and control of the children or only access
  2. 2 Whether Applicant is entitled to spousal and child maintenance and amount
  3. 3 Whether Applicant is entitled to reimbursement for mobile telephone bill

Ratio Decidendi

Joint guardianship was awarded but custody, care and control were granted to the Respondent because the children had continuously resided with him and removal would disrupt their welfare; the presumption under s88(3) was rebutted on balance of probabilities by the established facts of primary caregiving and stability; Applicant was granted liberal access, minimal spousal maintenance (MYR250 monthly) based on means and needs, shared responsibility for children's expenses and half of the proven mobile bill (MYR1,500).

Court Disposition

Application partially allowed

Orders

  • Joint guardianship awarded to Applicant (HEK) and Respondent (ING)
  • Custody, care and control of the children awarded to Respondent (ING)