Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Access (contact)

  • 7 Mar 2023

    O L I R A N

    Citation
    WA-24F-46-02/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-46-02/2022 (Mahkamah Tinggi)

    The court granted the mother sole guardianship, custody, care and control because the welfare of the child (tender years) favoured the mother and the Respondent failed to rebut the s88(3) presumption; the parties' acrimonious relationship and the Respondent's unilateral removal of the child and refusal to comply with court orders meant co-parenting was not viable and would harm the child's welfare. The Respondent was nevertheless granted limited supervised access (daily online and alternate weekends supervised in public) due to the child's right to a relationship with both parents but with re…

  • 11 Nov 2022

    PEMPETISYEN XXXX XXXX

    Citation
    33-442-08/2015 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    33-442-08/2015 (Mahkamah Tinggi)

    The Petitioner breached a clear and unambiguous court order by denying the Respondent access and relocating the children to New Zealand; intention is immaterial for contempt by disobedience where the act interferes with administration of justice; contempt was proved beyond reasonable doubt and the court ordered return of the children by 31 January 2023 with a custodial sentence to follow until contempt is purged if she failed to comply.