Malaysia Case Law: Decisions & Judgments

Topic

Custody variation

Legal area

Court

16 Jul 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 exercised its discretion under O.52 r.7 to grant a stay of execution of the committal order because there was a material change in circumstances and the child's welfare was paramount; the stay was conditioned to remain until disposal of the variation application (Enclosure 274) and Enclosure 269 paragraph (a) was allowed with no order as to costs.
15 May 2023

Lai Foi Chu Tieu Yong Cai

Citation

C-02(IM)-39-01/2022 (Mahkamah Rayuan)
Court

IM
Case number

C-02(IM)-39-01/2022 (Mahkamah Rayuan)

The appellant failed to establish a material change in circumstances; the child's welfare and stability in schooling and residence with the respondent, together with the respondent's financial capacity, made disturbance of the existing custody arrangement unjustified; the High Court did not misapply its discretion and its refusal to vary the consent order was affirmed.
5 Apr 2023

PEMPETISYEN Loh Siew Hong NAGAHSWARAN A/L MUNIANDY PENCELAH MAJLIS AGAMA DAN ISTIADAT MELAYU PERLIS

Citation

WA-33-734-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-734-12/2019 (Mahkamah Tinggi)

R2/MAIPs failed to discharge the burden of proof under s.96 LRA to show the existing order was founded on misrepresentation/mistake or that there has been a material change in circumstances warranting variation; evidential record was insufficient, affidavits from other proceedings were irrelevant and disallowed, and the proposed supervised access and periodic monitoring would intrude upon the Petitioner's sole guardianship and the children's welfare and privacy; the children's expressed opposition and trauma weighed against granting intrusive access; application L.117 was therefore dismissed…
20 Oct 2022

1. ) Lee Li Wun 2. ) Lee Mee Wun 3. ) Muhammad Badrul Amin Lee Bin Abdullah 4. ) Lee Li Wun (Wakil Peribadi Mak Chee Yook (No. Kp: 330108-71-5158), Si Mati 1. ) Lee Yong Wun 2. ) Maneemallah a/p V. Ganesan 3. ) PENTADBIR TANAH DAERAH KUANTA

Citation

BA-21NCC-2-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCC-2-03/2020 (Mahkamah Tinggi)

The court held it possessed inherent jurisdiction under Order 92 r.4 ROC 2012 to vary a sealed custody order where there is a material change in circumstances affecting the welfare of the protected person; D1's medical evidence demonstrated such a material change and risk to the Father's health, therefore Enclosure 172 succeeded and the Order dated 7.9.2020 was varied; no order as to costs.
30 Jun 2021

Lee Hun Chiang (No. KP: 790311-07-5421) Yeoh Chern Chi (P) (No. KP: 830925-07-5016)

Citation

PA-33JP-808-12/2016 (Mahkamah Tinggi)
Court

High Court
Case number

PA-33JP-808-12/2016 (Mahkamah Tinggi)

Application dismissed because PH failed to prove a material change in circumstances for custody or maintenance: the short period children stayed with PH was a consequence of PH ceasing maintenance (not a change warranting custody variation), PH failed to make full and frank disclosure of his finances as required by rule and thus did not discharge evidential burden under sections 83 and 96 LRA; therefore 2017 order remains unchanged.
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.
1 Jan 1900

Ho Joon Sing LAIN-LAIN Goh Fan Si (Pempetisyen)

Citation

KA-33-114-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

KA-33-114-07/2018 (Mahkamah Tinggi)

The court held that an injunction under Order 29 r.1 was a proper and effective procedural vehicle to restrain the Respondent from executing the variation order because the relief sought was a personal in personam restraint aimed at preserving the Petitioner's status quo and the welfare of the children pending appeal; the petitioner was not procedurally barred, the application merited priority and an interim stay was justified. Accordingly the application was allowed and the enforcement of the 26 Aug 2021 order was suspended pending the appeal.

Malaysia Case Law

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

Lai Foi Chu Tieu Yong Cai

PEMPETISYEN Loh Siew Hong NAGAHSWARAN A/L MUNIANDY PENCELAH MAJLIS AGAMA DAN ISTIADAT MELAYU PERLIS

1. ) Lee Li Wun 2. ) Lee Mee Wun 3. ) Muhammad Badrul Amin Lee Bin Abdullah 4. ) Lee Li Wun (Wakil Peribadi Mak Chee Yook (No. Kp: 330108-71-5158), Si Mati 1. ) Lee Yong Wun 2. ) Maneemallah a/p V. Ganesan 3. ) PENTADBIR TANAH DAERAH KUANTA

Lee Hun Chiang (No. KP: 790311-07-5421) Yeoh Chern Chi (P) (No. KP: 830925-07-5016)

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)

Ho Joon Sing LAIN-LAIN Goh Fan Si (Pempetisyen)