LAIN-LAIN 1. ) YAP SIEW LING (YSL) - PEMPETISYEN ISTERI 2. ) CHIA CHUN SHYONG (CCS) - PEMPETISYEN SUAMI

LAIN-LAIN 1. ) YAP SIEW LING (YSL) - PEMPETISYEN ISTERI 2. ) CHIA CHUN SHYONG (CCS) - PEMPETISYEN SUAMI

The interim ex parte injunction remained operative until inter partes disposal; applying ss.88(2), 96 and 97 of the Law Reform Act and authorities, the court found a material change (child's puberty, deterioration in health/education, child's independent wish and need for sibling support) on the balance of probabilities and, with the child's welfare paramount, varied the 2018 consent order to award custody, care and control of CXY to the Petitioner Wife and dismissed the Petitioner Husband's application.

Citation
33JP-162-02/2014 (Mahkamah Tinggi)
Parties
Petitioner Wife: YSL; Petitioner Husband: CCS
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 May 2021
Case Number
33JP-162-02/2014 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition / Judgment on Applications to Vary Custody and to Set Aside Ex Parte Order
Outcome
Petitioner wife's application to vary custody allowed; Petitioner husband's application to set aside the ex parte order dismissed.
Legal Topics
Variation of Consent Order, Welfare of the Child, Material Change in Circumstances, Ex Parte Interim Injunction, Child Interview and Wishes, Siblings' Welfare, Cohabitation/lifestyle Relevance
Source Language
Malay/English
Family Law Child Custody Injunctions Civil Procedure Variation of Consent Order Welfare of the Child Material Change in Circumstances Ex Parte Interim Injunction +3 more

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Parties

YSL

Petitioner Wife

CCS

Petitioner Husband

Procedural Posture

Divorce Petition / Judgment on Applications to Vary Custody and to Set Aside Ex Parte Order

Legal Issues

  1. 1 Whether the interim ex parte order had expired or should be set aside
  2. 2 Whether there was a material change in circumstances to vary the 2018 consent custody order
  3. 3 Whether the welfare of the child justified transferring custody to the mother

Ratio Decidendi

The interim ex parte injunction remained operative until inter partes disposal; applying ss.88(2), 96 and 97 of the Law Reform Act and authorities, the court found a material change (child's puberty, deterioration in health/education, child's independent wish and need for sibling support) on the balance of probabilities and, with the child's welfare paramount, varied the 2018 consent order to award custody, care and control of CXY to the Petitioner Wife and dismissed the Petitioner Husband's application.

Court Disposition

Petitioner wife's application to vary custody allowed; Petitioner husband's application to set aside the ex parte order dismissed.

Orders

  • Interim ex parte injunction maintained until inter partes disposal (and effectively continued pending resolution)
  • Consent order dated 7 February 2018 varied: custody, care and control of CXY awarded to Petitioner Wife