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 child was not abducted and Malaysian courts had jurisdiction; the plaintiff failed to rebut the s88(3) presumption because the child is young, non-verbal and has autism-spectrum symptoms and is dependent on the mother as primary caregiver; on welfare grounds the child should remain with the mother in Malaysia; accordingly the defendant was awarded sole guardianship, custody, care and control, the plaintiff was granted access limited to Malaysia (daily virtual access and overnight unsupervised access when in Malaysia), no maintenance was ordered against the plaintiff, and other reliefs in…