Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Access/visitation

  • 5 May 2025

    ALARIC LAU HON PHUNG WONG SHU FUNG

    Citation
    BA-24F-69-03/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24F-69-03/2024 (Mahkamah Tinggi)

    Applying the paramount welfare principle, the court found the evidence of physical abuse of child K by the mother credible (photographs, WhatsApp messages, police report), the children (age 12 and 9) independently expressed a clear wish to remain with their father, and the father's care provided a stable environment; therefore joint guardianship and custody were appropriate but physical care and control was awarded to the father pending final disposal, with reasonable access to the mother.

  • 29 Apr 2025

    XXXX K E N

    Citation
    WA-24F-212-08/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-212-08/2024 (Mahkamah Tinggi)

    Counterclaim for joint guardianship and joint custody dismissed because Defendant demonstrated prolonged disengagement and lack of genuine involvement, and granting joint custody would jeopardize the child's welfare; access granted limitedly and subject to child's consent; claim for arrears dismissed due to lengthy unexplained delay and apparent strategic motive by mother; Defendant ordered to pay monthly maintenance MYR2,500 with 10% annual increment until completion of tertiary education and to contribute 30% of tertiary education costs if required.

  • 21 Feb 2025

    R A H R A L

    Citation
    WA-24F-190-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-190-07/2024 (Mahkamah Tinggi)

    In the absence of statutory recognition of embryos as persons and lacking any written agreements, the Court held embryos are neither persons nor ordinary property; control of the two frozen embryos was awarded to the Applicant because she bore primary financial responsibility for their preservation, but that control was conditional to protect the Respondent from involuntary parenthood and financial liability. Lump‑sum maintenance was refused as impermissible and impractical under the Guardianship of Infants Act; periodic maintenance of MYR1,500 monthly (with 10% annual increment) was ordered,…

  • 2 Dec 2024

    B O O Y O O

    Citation
    WA-24F-186-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-186-07/2024 (Mahkamah Tinggi)

    The court found the tender years presumption rebutted on the evidence that the Plaintiff lacked financial stability, faced pursuit by debt collectors, had a pattern of unstable relocations and depended on external support; the Child was settled in a stable environment with the Defendant and his parents; disputed allegations against the Defendant were unsubstantiated in affidavit evidence. Consequently custody, care and control were awarded to the Defendant to protect the Child's welfare, guardianship was ordered jointly, and the Defendant was ordered to pay MYR750 monthly to the Plaintiff for…

  • 14 Oct 2024

    1. ) HENG CHOON LEE 2. ) WONG CHOON HOONG WONG CHOON HO

    Citation
    AA-24F-21-04/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-24F-21-04/2018 (Mahkamah Tinggi)

    The court found that there has been a substantial change in circumstances (child's schooling, compulsory extracurricular activities, logistical travel burden and evidence of the child's unhappiness at the defendant's residence) such that the welfare of the child requires varying the access arrangement. The defendant's convenience does not override the child's welfare. Consequently the court granted the variation to supervised access at times that do not conflict with schooling, ordered Welfare Department assessments, set aside specified prior court orders except for costs, and made no order a…

  • 20 Sept 2024

    NANTHINI A/P SUBRAMANIAM ERIC STEVEN A/L MATHALAI MUTHU

    Citation
    AA-24F-140-12/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-24F-140-12/2023 (Mahkamah Tinggi)

    Applying the welfare principle and considering the children's expressed preference, social welfare and counselling reports, and the stability and caregiving environment provided by the Respondent and his family, the presumption in favour of the mother was rebutted; sole custody, care and control was awarded to the Respondent while granting liberal and specified overnight access to the Applicant, with police assistance authorised for enforcement and each party to bear their own costs.

  • 1 Aug 2024

    DR. CHANDAN A/L ASHOK KUMAR HARMEET KAUR A/P HARBANS SINGH

    Citation
    AA-24F-1-01/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-24F-1-01/2023 (Mahkamah Tinggi)

    Applying the paramountcy of the child's welfare and the rebuttable presumption under s.88(3) for children under seven, supported by the social welfare report showing the child's strong attachment and preference to the mother and practical caregiving realities, the court found the Defendant (mother) more suitable for custody; the Plaintiff is nevertheless entitled to structured access and ordered to pay monthly maintenance of RM800.

  • 21 Nov 2023

    KANNAN A/L RAJARATNAM THEVITTHRA A/P VISWANATHAN

    Citation
    BA-24F-90-04/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24F-90-04/2023 (Mahkamah Tinggi)

    The court granted the mandatory injunction because preserving the status quo by returning the child to the mother best served the child’s welfare under s.88 LRA 1976, there was a bona fide issue to be tried, the balance of convenience favored the mother, damages were inadequate, there was insufficient credible evidence of abuse to rebut the tender years presumption, and the AH had breached the court’s interim order.

  • 9 Nov 2023

    RISHINDRAN A/L PARAMANATHAN MANOKARAN A/L D RATHINASAMY

    Citation
    BA-24F-92-04/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24F-92-04/2023 (Mahkamah Tinggi)

    On the balance of probabilities the welfare and long-term interests of the child dictated placement with her biological father: there was insufficient, current and cogent evidence to establish the Applicant as a present drug user or unfit parent; the Letter of Assurance did not extinguish the father's custodial rights; the grandparents' advanced age and the father's capacity and supportive spouse favor transfer of sole custody, while preserving reasonable access to grandparents.

  • 15 Sept 2023

    Abraham Andrew Ladlie Arani A/p P Satyamoorthy

    Citation
    WA-24F-142-05/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-142-05/2023 (Mahkamah Tinggi)

    Applying the paramount welfare principle, the court awarded sole custody, care, control and guardianship (with limited exceptions) to the mother because the child was settled and well‑adjusted in Malaysia under the mother's care, the parents' relationship was acrimonious and the father resides abroad, making joint custody/guardianship impracticable; the father was granted specified access including unlimited virtual contact and unsupervised overnight access subject to notice and holiday arrangements.