22 Jul 2022
ELAINE LEE MING LI NG YEW MING
- Citation
- WA-24F-337-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24F-337-11/2021 (Mahkamah Tinggi)
The presumption under section 88(3) was not rebutted because there was no evidence the mother was unfit; the child's welfare favored remaining with the mother as primary carer. However, equality of parental rights and the child's interest in an ongoing relationship with both parents required joint guardianship and custody. There was no evidence of risk necessitating supervised access, so unsupervised and overnight access was ordered on an alternate-weekend basis. Maintenance was set at MYR700 monthly with a 5% biennial increment and medical and education costs to be shared equally.