Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Joint guardianship

  • 5 Jun 2025

    AMY LEE WAI YEE NORBERT FERNANDEZ

    Citation
    BA-24F-169-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24F-169-07/2024 (Mahkamah Tinggi)

    Applying the paramountcy of the children's welfare, the court accepted the children’s expressed unanimous wish to remain together and reside at the family home with their father, accepted the independent government specialist's finding that KLF does not meet ASD criteria, found insufficient evidence of abuse, and concluded that joint guardianship with physical care and control vested in the Respondent best serves the children's welfare; financial responsibility is shared and Applicant ordered to contribute RM500 per child per month plus equal sharing of education and medical costs and past th…

  • 18 Jul 2024

    J O Y G I A

    Citation
    WA-24F-286-11/2017 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-286-11/2017 (Mahkamah Tinggi)

    The application was allowed in part because the passage of four years and the children’s greater ages constituted a material change in circumstances warranting expanded access; joint guardianship was appropriate but limited to major non-emergency decisions (name, gender identity, religion, major non-emergency medical decisions) to protect the children’s welfare given the parties’ different countries of residence.

  • 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.

  • 8 Feb 2024

    JIMMY LEOW VEE DAT NG SIOK LIN

    Citation
    BA-24F-474-12/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24F-474-12/2021 (Mahkamah Tinggi)

    Court found no credible evidence of domestic violence to justify excluding the father, applied the welfare principle and the importance of paternal involvement, and therefore granted joint guardianship, awarded sole custody to the mother, allowed unsupervised weekly overnight access as specified, ordered the father to pay RM1,200 monthly maintenance and to bear agreed extra educational and medical costs until the child's degree subject to affordability, and required both parents to cooperate and bear their own costs.

  • 27 Mar 2023

    N O Y S I C

    Citation
    WA-24F-352-10/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-352-10/2022 (Mahkamah Tinggi)

    In absence of credible evidence of abuse, neglect or incapacity, and given the child's interest in maintaining a relationship with both parents, the court awarded sole custody, care and control to the mother but imposed joint guardianship and refused to impose supervised or severely restricted access; instead the court ordered incremental unsupervised access and conditioned overseas travel on advance notice to protect the child's welfare.

  • 6 Oct 2022

    TANG HENG KIT Cindy Ong Pik Yin

    Citation
    WA-24F-294-09/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-294-09/2021 (Mahkamah Tinggi)

    Plaintiff failed to rebut the s88(3) presumption and did not adduce admissible or sufficiently probative evidence to show Defendant was an unfit parent; children’s welfare, expressed wishes and established caregiving environment favored Defendant; consequently joint guardianship and custody granted to both parents with primary care and control to the Defendant and liberal access to the Plaintiff.