Lim Cheng Hoe Ng Mong Wei

Lim Cheng Hoe Ng Mong Wei

MIL's death alone did not amount to a material change in circumstances under s96; MON failed to prove material change or to demonstrate ability to provide a stable, supportive environment or financial maintenance; GEL had been the primary carer and financial provider since MIL's death and acted in the child's best interests; therefore the Variation Application was dismissed and GEL's custody/guardianship application was allowed consistent with the child's welfare being paramount.

Citation
WA-24F-21-01/2019 (Mahkamah Tinggi)
Parties
Applicant (os No 21): MIL; Applicant (os No 280): GEL; Respondent: MON; Child: NAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 January 2024
Case Number
WA-24F-21-01/2019 (Mahkamah Tinggi)
Procedural Posture
Originating Summonses for Guardianship and Custody (consolidated) / High Court Judgment (final Disposition)
Outcome
Variation application by MON dismissed; custody and guardianship, care and control of the child awarded to GEL.
Legal Topics
Variation of Custody Order, Material Change in Circumstances, Welfare of the Child, Functus Officio, Substitution of Parties on Death, Judicial Interview of Child
Source Language
Malay/English
Family Law Guardianship Law Child Custody Civil Procedure Variation of Custody Order Material Change in Circumstances Welfare of the Child Functus Officio +2 more

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Parties

MIL

Applicant (os No 21)

GEL

Applicant (os No 280)

MON

Respondent

NAN

Child

Procedural Posture

Originating Summonses for Guardianship and Custody (consolidated) / High Court Judgment (final Disposition)

Legal Issues

  1. 1 Whether the court was functus officio and whether MON's variation application was procedurally flawed following MIL's death
  2. 2 Whether there was a material change in circumstances under s96 Law Reform (Marriage and Divorce) Act 1976 to justify varying the 29 April 2019 order
  3. 3 Whether custody, guardianship, care and control should be awarded to GEL in the best interests (welfare) of the child

Ratio Decidendi

MIL's death alone did not amount to a material change in circumstances under s96; MON failed to prove material change or to demonstrate ability to provide a stable, supportive environment or financial maintenance; GEL had been the primary carer and financial provider since MIL's death and acted in the child's best interests; therefore the Variation Application was dismissed and GEL's custody/guardianship application was allowed consistent with the child's welfare being paramount.

Court Disposition

Variation application by MON dismissed; custody and guardianship, care and control of the child awarded to GEL.

Orders

  • Originating Summons No: WA-24F-280-09/2023 (GEL) allowed: GEL granted guardianship, custody, care and control of NAN
  • Originating Summons No: WA-24F-21-01/2019 variation application by MON dismissed