Angel Lim Ng Mong Wei

Angel Lim Ng Mong Wei

The Variation Application by MON was dismissed because MON failed to prove a material change in circumstances on the balance of probabilities and the welfare of the child did not require change; GEL's custody application succeeded because GEL had been the primary carer and financial provider and placement with GEL best served the child's welfare; procedural objections to MON's variation were rejected because the Administratrix submitted to the court's jurisdiction and statutory family law powers permit variation applications.

Citation
WA-24F-280-09/2023 (Mahkamah Tinggi)
Parties
Applicant: MIL; Applicant: GEL; Respondent: MON
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 January 2024
Case Number
WA-24F-280-09/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summonses for Guardianship and Custody / Judgment on Consolidated Applications
Outcome
Variation application dismissed; custody/guardianship, care and control granted to GEL
Legal Topics
Variation of Custody Order, Best Interests of the Child, Material Change in Circumstances, Functus Officio, Judicial Interview of Child
Source Language
Malay/English
Family Law Guardianship Child Custody Probate/estate Civil Procedure Variation of Custody Order Best Interests of the Child Material Change in Circumstances +2 more

Case Brief

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Parties

MIL

Applicant

GEL

Applicant

MON

Respondent

Procedural Posture

Originating Summonses for Guardianship and Custody / Judgment on Consolidated Applications

Legal Issues

  1. 1 Whether the Variation Application was procedurally defective for failure to substitute the deceased party
  2. 2 Whether the court was functus officio and barred from varying its earlier order
  3. 3 Whether there was a material change in circumstances under section 96 LRA to justify variation

Ratio Decidendi

The Variation Application by MON was dismissed because MON failed to prove a material change in circumstances on the balance of probabilities and the welfare of the child did not require change; GEL's custody application succeeded because GEL had been the primary carer and financial provider and placement with GEL best served the child's welfare; procedural objections to MON's variation were rejected because the Administratrix submitted to the court's jurisdiction and statutory family law powers permit variation applications.

Court Disposition

Variation application dismissed; custody/guardianship, care and control granted to GEL

Orders

  • Consolidation of the two originating summonses (earlier order) affirmed
  • Dismiss the Variation Application filed by MON seeking to vary the 29 April 2019 Court Order