CHAI CHEN YIK v YIP KWAN MUN

aa-24f-44-04-2025 High Court (Mahkamah Tinggi) 27 April 2026 • AA-24F-44-04/2025 • 21 min read

15 cases cited (0 SG, 15 foreign)

Catchwords

FAMILY LAW: Custody, care and control – Child of tender years – Application by father for custody, care and control and guardianship – Whether statutory presumption in favour of mother under s 88(3) Law Reform (Marriage and Divorce) Act 1976 rebutted – Prolonged denial of meaningful access to father – Allegations of physical and sexual abuse unsupported by medical, welfare or independent evidence – Welfare report finding no clinical or forensic evidence of abuse and matter classified as “No Further Action” – Respondent charged under s 182 Penal Code for allegedly lodging false report – Whether unilateral exclusion of father contrary to child’s welfare – Whether Respondent’s conduct affected child’s emotional welfare and stability – Paramount consideration of welfare and best interests of child – Whether custody with father and structured access to mother best promoted child’s long-term welfare, stability and meaningful relationship with both parents.

Judges (1)

Moses Susayan Delivered

Counsel (5)

Boey & Khoo Firm Edward Ng & Partners Firm Lau Jia Hui Counsel Applicant Ng Kee Way Counsel Applicant Wong Vivien Counsel Respondent

Parties (2)

Chai Chen Yik Applicant Yip Kwan Mun Respondent

Statutes Cited

Guardianship of Infants Act 1961

s 5

Penal Code (Cap 574)

s 182

Cases Cited (15)

MY (15)

[1981] 2 MLJ 326 [1981] CLJ 124 [1995] 1 AMR 622 [1995] 1 MLJ 281 [2000] 1 CLJ 503 [2010] 1 MLRH 546 [2010] 8 CLJ 492 [2018] 4 MLJ 557 [2018] 8 CLJ 61 [2019] 1 AMR 229 [2019] 2 MLJ 290 [2019] 8 CLJ 181 [2023] 10 MLJ 44 [2023] 2 AMR 624 [2023] 3 CLJ 291

Judgment

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Read on eJudgment

Source: eJudgment (aa-24f-44-04-2025)