THAVASELVI A/P PALANIVELOO v KRISHNAMURTI A/L MUNINDY
Catchwords
Family Law — Custody — Variation of custody order — Application under s 96 Law Reform (Marriage and Divorce) Act 1976 — Whether material change in circumstances established — Alleged physical abuse of child — Whether single incident sufficient — Paramountcy of welfare of child Family Law — Custody — Welfare principle — Physical safety — Emotional stability — Educational continuity — Child’s wishes — Weight to be given to views of a 15-year-old child Family Law — Custody — Variation proceedings — Structured approach — Fact-finding prior to welfare evaluation — Standard of proof on balance of probabilities — Role of contemporaneous evidence and medical reports Evidence — Affidavit evidence — Contemporaneity — Police reports — Subsequent withdrawal of complaint — Whether withdrawal negates earlier complaint — Evaluation of entire evidential matrix Evidence — Corroboration — Medical evidence — Soft tissue injuries — Consistency with allegations of assault — Adequacy of denial in face of objective evidence Family Law — Custody — Material change in circumstances — Breakdown of existing custodial environment — Instability in supervision and discipline — Disruption to schooling Family Law — Custody — Maintenance default — Whether bars application — Discretion of court — Welfare of child not to be subordinated to parental non-compliance Civil Procedure — Res judicata — Issue estoppel — Applicability in custody proceedings — Whether variation application based on new facts precluded Family Law — Custody — Access — Need for specific and workable orders — Avoidance of future conflict — Structured access arrangements Family Law — Custody — Role of non-parties — Affidavits from persons with direct knowledge — Admissibility and weight Family Law — Custody — Court’s continuing jurisdiction — Non-finality of custody orders — Power to revisit in light of changed circumstances
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-33-29-03-2018)