JIMMY LEOW VEE DAT NG SIOK LIN

JIMMY LEOW VEE DAT NG SIOK LIN

Court found no credible evidence of domestic violence to justify excluding the father, applied the welfare principle and the importance of paternal involvement, and therefore granted joint guardianship, awarded sole custody to the mother, allowed unsupervised weekly overnight access as specified, ordered the father to pay RM1,200 monthly maintenance and to bear agreed extra educational and medical costs until the child's degree subject to affordability, and required both parents to cooperate and bear their own costs.

Citation
BA-24F-474-12/2021 (Mahkamah Tinggi)
Parties
Plaintiff Husband: Jimmy Leow Vee Dat; Defendant Wife: Ng Siok Lin; Child of the Marriage: Kent Leow Ken Yi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 February 2024
Case Number
BA-24F-474-12/2021 (Mahkamah Tinggi)
Procedural Posture
Family Guardianship and Custody / Judgment on Custody and Maintenance Application
Outcome
Application allowed in part in favour of shared guardianship with orders on custody, access and maintenance as specified below
Legal Topics
Joint Guardianship, Sole Custody Care and Control, Overnight Access, Telecommunication Access, Child Maintenance, Welfare of the Child, Allegations of Domestic Violence, Evidence and Corroboration
Source Language
Malay/English
Family Law Child Custody Guardianship Child Maintenance Joint Guardianship Sole Custody Care and Control Overnight Access Telecommunication Access +3 more

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Parties

Jimmy Leow Vee Dat

Plaintiff Husband

Ng Siok Lin

Defendant Wife

Kent Leow Ken Yi

Child of the Marriage

Procedural Posture

Family Guardianship and Custody / Judgment on Custody and Maintenance Application

Legal Issues

  1. 1 Whether joint guardianship should be granted
  2. 2 Which parent should have custody, care and control
  3. 3 Whether unsupervised overnight weekend access should be allowed

Ratio Decidendi

Court found no credible evidence of domestic violence to justify excluding the father, applied the welfare principle and the importance of paternal involvement, and therefore granted joint guardianship, awarded sole custody to the mother, allowed unsupervised weekly overnight access as specified, ordered the father to pay RM1,200 monthly maintenance and to bear agreed extra educational and medical costs until the child's degree subject to affordability, and required both parents to cooperate and bear their own costs.

Court Disposition

Application allowed in part in favour of shared guardianship with orders on custody, access and maintenance as specified below

Orders

  • Joint guardianship of the child Kent Leow Ken Yi is granted to both parents
  • Defendant Wife (Ng Siok Lin) is granted sole custody, care and control of the child