25 Apr 2024
SOLAIMUTHARASAN A/L SITARAMAN MENAGA A/P VELATHYAN
- Citation
- NA-24F-116-11/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- NA-24F-116-11/2022 (Mahkamah Tinggi)
The court applied the paramount welfare principle, found that joint guardianship was appropriate under the Guardianship of Infants Act, but that care, control and custody should remain with the mother as primary caregiver given the children's ages (one under seven and one with ADHD), the mother's proven caregiving role, absence of medical evidence supporting the father's allegations of the mother's incapacity, and unchallenged evidence of domestic violence by the father. Accordingly the father's application for sole decision-making was dismissed; the father was granted structured access, orde…