Malaysia Case Law: Decisions & Judgments

Topic

Consent order variation

Legal area

Court

24 Sept 2024

PEMPETISYEN 1. ) G O N G 2. ) H O N G

Citation

WA-33JP-168-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33JP-168-02/2021 (Mahkamah Tinggi)

Application dismissed: applicant failed to comply with Rule 63 disclosure obligations and failed to prove on the balance of probabilities any material change in circumstances warranting variation of the consent Court Order; consent order upheld, guardianship to remain joint, and attachment of earnings refused on procedural and discretionary grounds.
28 Nov 2023

A R T G A N

Citation

WA-24F-187-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24F-187-06/2023 (Mahkamah Tinggi)

The court dismissed the procedural objection as technical and non-prejudicial and held that, on the evidence of unilateral child removal, concealment, non-compliance with the consent order and demonstrated unwillingness to reconcile, exceptional circumstances existed under s106(1)(vi) making referral to a conciliatory body impracticable; therefore the exemption was granted and the Applicant awarded sole guardianship and custody with supervised access for the Respondent in Vietnam.
23 Sept 2020

Zhu JiJi (People’s Republic of China Passport No. G33363942) 1. Yeoh Ee Seong (No. KP: 781126-07-5871) 2. Ng Sze Ling (No. KP: 881220-35-5042)

Citation

33-29-01/2015 (Mahkamah Tinggi)
Court

High Court
Case number

33-29-01/2015 (Mahkamah Tinggi)

The 1st respondent failed to prove on the balance of probabilities a material change in circumstances: the allegations of abuse and inappropriate sexual conduct were unsupported, contemporaneous medical and documentary evidence were equivocal or lacking, recordings and photographs were unreliable or orchestrated, and the existing custody arrangement demonstrably served the children’s welfare; therefore the application to vary the consent order was dismissed.

Malaysia Case Law

PEMPETISYEN 1. ) G O N G 2. ) H O N G

A R T G A N

Zhu JiJi (People’s Republic of China Passport No. G33363942) 1. Yeoh Ee Seong (No. KP: 781126-07-5871) 2. Ng Sze Ling (No. KP: 881220-35-5042)