Malaysia Case Law: Decisions & Judgments

Topic

Welfare of the child principle

Legal area

Court

1 Apr 2024

H O M H O P

Citation

WA-24F-338-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24F-338-11/2023 (Mahkamah Tinggi)

Application dismissed because the deceased mother did not appoint a co-guardian, a prior court order recognised the Defendant as sole guardian, there was no evidence Defendant was unfit, and ongoing acrimony and pending litigation between the parties would likely harm the Child's welfare; therefore joint guardianship, custody or access was not in the Child's best interests.
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)

MAIPs failed to establish that the existing order was based on misrepresentation or that there has been a material change in circumstances sufficient to invoke s.96 LRA; MAIPs did not prove a lawful basis or evidential foundation to act as loco parentis or to justify intrusive supervised access; allowing the access sought would not be in the children’s best interests given their expressed wishes and traumatic history — accordingly L.117 is dismissed and the variation is refused.
10 Nov 2022

PEMPETISYEN A I L G E N

Citation

WA-33-9-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-9-01/2018 (Mahkamah Tinggi)

The Petition is allowed and the Cross‑Petition dismissed because the Respondent was bound by his own pleading for divorce and the court was satisfied the marriage had irretrievably broken down under sections 53 and 54(1)(b) (notably a violent incident where the Respondent brandished a knife and prolonged separation); the Petitioner was awarded sole guardianship, custody, care and control of the child because the child's welfare was paramount and the child was settled in the Petitioner’s care; the Respondent was granted specified access to protect the child's welfare while enabling paternal co…

Malaysia Case Law

H O M H O P

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

PEMPETISYEN A I L G E N