Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Mental health evaluation
  • 25 Mar 2024

    N A H H A H

    Citation
    WA-24F-141-04/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-141-04/2022 (Mahkamah Tinggi)

    The statutory presumption in s88(3) favouring placement of a child of tender years with her mother was not rebutted because psychiatric and evaluation reports did not establish that the mother was unfit; the child's welfare as paramount consideration required placement of 4‑year‑old LIN with her mother while older siblings remain with the father given their expressed wishes and significant age gap; joint custody was inappropriate due to acrimony; accordingly sole custody of LIN awarded to Plaintiff and sole custody of VIN and HIN awarded to Defendant with access provisions and no maintenance…