Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Substance abuse and fitness for custody
  • 22 Jun 2022

    B S O J E H

    Citation
    WA-24F-108-03/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-108-03/2021 (Mahkamah Tinggi)

    Presumption under s88(3) favoured the mother and was not rebutted; the Respondent's admitted and evidenced substance abuse (cannabis use), alcohol misuse (including drink‑driving admissions) and related conduct created a real and unacceptable risk to the child's welfare and supervisory needs. Private immoral conduct not shown to impact the child was discounted. Therefore sole guardianship and custody were awarded to the Applicant while limited supervised day access was granted to the Respondent.