26 Aug 2022
Min Sam Joyce Choong Yian May
- Citation
- WA-24F-51-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24F-51-02/2021 (Mahkamah Tinggi)
The court found the Child was not abducted and Malaysia had jurisdiction; the plaintiff failed to rebut the s88(3) presumption that a young child should be with her mother; given the Child's developmental needs (autism spectrum symptoms), continuous caregiving by the mother, and the acrimonious parental relationship, it is in the Child's welfare to remain with the mother; accordingly the Defendant was granted sole guardianship and custody while the Plaintiff was granted limited access; no maintenance was ordered against the Plaintiff; costs were awarded against the Defendant.