Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Care and control

  • 5 May 2025

    PEMPETISYEN WONG SHU FUNG 1. ) ALARIC LAU HON PHUNG 2. ) MELISSA LOKE MEI LIN

    Citation
    BA-33-456-06/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-33-456-06/2024 (Mahkamah Tinggi)

    Given the paramountcy of the children’s welfare, credible contemporaneous evidence (photographs, WhatsApp messages, police report and IPO) of physical abuse by the Petitioner towards child K, together with the children’s clear and independent preference to remain with their father, justified granting joint guardianship but awarding physical care and control to the Respondent Husband with reasonable alternate‑weekend access to the Petitioner.

  • 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.

  • 16 Apr 2023

    PEMPETISYEN ONG TZE HOW CHONG CHAR CHYEE

    Citation
    JA-33-198-05/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-33-198-05/2019 (Mahkamah Tinggi)

    Applicant failed to prove a material change in circumstances or exceptional circumstances required to vary a consent decree under s.96; evidential record (audio/video) was insufficient and possibly influenced; judicial interview of the children supported maintaining the status quo; therefore variation refused.

  • 3 Nov 2022

    G O S G O W

    Citation
    WA-24F-237-09/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-237-09/2020 (Mahkamah Tinggi)

    Sole guardianship and custody were awarded to the Defendant because the paramount consideration was the welfare of the children who had been in the Defendant's sole care since 2016 with no evidence she was unfit; disturbing the settled, stable environment would harm the children; the parties' acrimonious relationship made co-parenting impracticable; the Plaintiff posed a flight risk and therefore should have supervised access as ordered; Plaintiff was ordered to pay child maintenance of MYR4,000 monthly; spousal maintenance was denied as the Defendant did not satisfy the needs/means test; an…

  • 6 Oct 2022

    TANG HENG KIT Cindy Ong Pik Yin

    Citation
    WA-24F-294-09/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-294-09/2021 (Mahkamah Tinggi)

    Plaintiff failed to rebut the s88(3) presumption and did not adduce admissible or sufficiently probative evidence to show Defendant was an unfit parent; children’s welfare, expressed wishes and established caregiving environment favored Defendant; consequently joint guardianship and custody granted to both parents with primary care and control to the Defendant and liberal access to the Plaintiff.