Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Custody (jagaan) vs guardianship (penjagaan)
  • 14 Dec 2023

    PEMPETISYEN RATIGA A/P DADAYAN SELVAKUMAR A/L RADHAKRISHNAN

    Citation
    CA-33-25-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CA-33-25-08/2023 (Mahkamah Tinggi)

    The respondent's application to vary substantive terms of the consent/interim order was dismissed because he failed to comply with mandatory procedural requirements for variation and failed to prove a material change in circumstances or that the proposed variations were necessary for the child's welfare; however the court granted joint guardianship while retaining full custody, care and control with the mother and dissolved the marriage, and cancelled the prior RM1,500 monthly maintenance order against the respondent.

    • Custody (jagaan) vs guardianship (penjagaan)
    • Variation of consent orders
    • Access/visitation rights
    • Child welfare principle
    • Procedural compliance for applications to vary orders
    • Division of matrimonial property