16 Mar 2023
R E E V A N
- Citation
- WA-24F-327-09/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24F-327-09/2022 (Mahkamah Tinggi)
The court held that the welfare of the children was paramount, the tender years presumption in s.88(3) favoured the mother and the Defendant failed to rebut it on the balance of probabilities; continuity with the mother best served the children's welfare so sole custody, care and control was awarded to the Plaintiff while guardianship was ordered to be joint and phased access for the Defendant was ordered under the court's s.89 and parens patriae powers.