J O Y G I A

J O Y G I A

The application for a stay was dismissed because the Defendant failed to establish special circumstances: there was no objective evidence that the children’s mental health was harmed or that the Plaintiff caused any harm, the Defendant was prima facie in contempt and filed the application as a reaction to committal proceedings, and a stay would unjustly deprive the children of contact with their father; costs were awarded against the Defendant.

Citation
WA-24F-286-11/2017 (Mahkamah Tinggi)
Parties
Plaintiff: JOY; Defendant: GIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 January 2025
Case Number
WA-24F-286-11/2017 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Custody and Access Under the Law Reform (marriage and Divorce) Act 1976 / Interlocutory Application for Stay of Execution of Varied Access Order Pending Appeal; Dismissed
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Access/visitation Rights, Committal for Contempt, Section 100 Welfare Report, Best Interests of the Child, Parental Alienation
Source Language
Malay/English
Family Law Child Custody and Welfare Contempt of Court Civil Procedure Appeals and Stays Stay of Execution Access/visitation Rights Committal for Contempt Section 100 Welfare Report +2 more

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Parties

JOY

Plaintiff

GIA

Defendant

Procedural Posture

Originating Summons Custody and Access Under the Law Reform (marriage and Divorce) Act 1976 / Interlocutory Application for Stay of Execution of Varied Access Order Pending Appeal; Dismissed

Legal Issues

  1. 1 Whether special circumstances exist to justify a stay of execution of the Varied Order
  2. 2 Whether the Defendant proved risk to the children’s mental health attributable to the Plaintiff
  3. 3 Whether an appeal operates as a stay absent an order

Ratio Decidendi

The application for a stay was dismissed because the Defendant failed to establish special circumstances: there was no objective evidence that the children’s mental health was harmed or that the Plaintiff caused any harm, the Defendant was prima facie in contempt and filed the application as a reaction to committal proceedings, and a stay would unjustly deprive the children of contact with their father; costs were awarded against the Defendant.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution dismissed
  • Costs awarded to the Plaintiff