N O Y S I C

N O Y S I C

In absence of credible evidence of abuse, neglect or incapacity, and given the child's interest in maintaining a relationship with both parents, the court awarded sole custody, care and control to the mother but imposed joint guardianship and refused to impose supervised or severely restricted access; instead the court ordered incremental unsupervised access and conditioned overseas travel on advance notice to protect the child's welfare.

Citation
WA-24F-352-10/2022 (Mahkamah Tinggi)
Parties
Plaintiff: NOY; Defendant: SIC
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 March 2023
Case Number
WA-24F-352-10/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons / Judgment on Application
Outcome
Application allowed in part
Legal Topics
Access/visitation, Joint Guardianship, Tender Years Doctrine, Overseas Travel of Child, Custody Conditions
Source Language
Malay/English
Family Law Child Law Guardianship Custody and Access Access/visitation Joint Guardianship Tender Years Doctrine Overseas Travel of Child +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

NOY

Plaintiff

SIC

Defendant

Procedural Posture

Originating Summons / Judgment on Application

Legal Issues

  1. 1 Whether guardianship should be joint or sole
  2. 2 Whether Defendant's access should be supervised, limited or conditional
  3. 3 Whether Defendant may take the child outside Kuala Lumpur or overseas

Ratio Decidendi

In absence of credible evidence of abuse, neglect or incapacity, and given the child's interest in maintaining a relationship with both parents, the court awarded sole custody, care and control to the mother but imposed joint guardianship and refused to impose supervised or severely restricted access; instead the court ordered incremental unsupervised access and conditioned overseas travel on advance notice to protect the child's welfare.

Court Disposition

Application allowed in part

Orders

  • Sole custody, care and control of the child awarded to the Plaintiff (NOY).
  • Guardianship of the child declared joint between Plaintiff and Defendant.