Malaysia Case Law: Decisions & Judgments

Topic

Supervised access

Legal area

Court

14 Oct 2024

1. ) HENG CHOON LEE 2. ) WONG CHOON HOONG WONG CHOON HO

Citation

AA-24F-21-04/2018 (Mahkamah Tinggi)
Court

High Court
Case number

AA-24F-21-04/2018 (Mahkamah Tinggi)

The court found that there has been a substantial change in circumstances (child's schooling, compulsory extracurricular activities, logistical travel burden and evidence of the child's unhappiness at the defendant's residence) such that the welfare of the child requires varying the access arrangement. The defendant's convenience does not override the child's welfare. Consequently the court granted the variation to supervised access at times that do not conflict with schooling, ordered Welfare Department assessments, set aside specified prior court orders except for costs, and made no order a…
27 Jul 2023

PEMPETISYEN R RENUGA RAMAYAH RAMESH SENGARAN

Citation

BA-33-382-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-382-07/2019 (Mahkamah Tinggi)

Petitioner failed to prove on the balance of probabilities a material change in circumstances warranting variation of the consent access order; the welfare principle and the presumption against disturbing consent orders required maintaining the original supervised access order, therefore the variation application was dismissed.
5 Apr 2023

PEMPETISYEN Loh Siew Hong NAGAHSWARAN A/L MUNIANDY PENCELAH MAJLIS AGAMA DAN ISTIADAT MELAYU PERLIS

Citation

WA-33-734-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-734-12/2019 (Mahkamah Tinggi)

R2/MAIPs failed to discharge the burden of proof under s.96 LRA to show the existing order was founded on misrepresentation/mistake or that there has been a material change in circumstances warranting variation; evidential record was insufficient, affidavits from other proceedings were irrelevant and disallowed, and the proposed supervised access and periodic monitoring would intrude upon the Petitioner's sole guardianship and the children's welfare and privacy; the children's expressed opposition and trauma weighed against granting intrusive access; application L.117 was therefore dismissed…
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…
1 Apr 2021

Tan Erh Ling (No K/P: 781106-07-5866) Ong Khong Wooi (No K/P: 760328-07-5455)

Citation

PA-24F-17-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24F-17-01/2019 (Mahkamah Tinggi)

Sole custody of the child was granted to the mother because the child's welfare and settled living arrangements pointed to continued custody with the applicant; supervised access was limited and phased as recommended by a specialist psychologist; interim maintenance was fixed by assessing respondent's net means after deducting fixed matrimonial obligations and reasonable personal expenses and then allocating amounts for the child's needs and the applicant's maintenance, resulting in orders of RM2,430/month for the child and RM1,000/month for the applicant (total RM3,430/month).

Malaysia Case Law

1. ) HENG CHOON LEE 2. ) WONG CHOON HOONG WONG CHOON HO

PEMPETISYEN R RENUGA RAMAYAH RAMESH SENGARAN

PEMPETISYEN Loh Siew Hong NAGAHSWARAN A/L MUNIANDY PENCELAH MAJLIS AGAMA DAN ISTIADAT MELAYU PERLIS

O L I R A N

Tan Erh Ling (No K/P: 781106-07-5866) Ong Khong Wooi (No K/P: 760328-07-5455)