1. ) LAI BING SEN 2. ) TRAN THI QUYNH LIEN
Catchwords
Children – Custody – Variation of custody order – Joint application by divorced parents – Material change in circumstances – Mother residing abroad but maintaining substantial involvement in child’s life – Child attaining school-going age – Whether variation justified – Law Reform (Marriage and Divorce) Act 1976, s 96. Children – Welfare – Paramount consideration – Consent application – Whether parental agreement sufficient – Court’s independent duty to assess welfare of child – Welfare principle overriding parental wishes – Law Reform (Marriage and Divorce) Act 1976, ss 88, 96. Children – Custody – Joint custody – Distinction between custody and care and control – Joint decision-making by parents – Casting vote vested in resident parent – Whether consistent with welfare of child. Children – Care and control – Shared physical residence – Parent residing in foreign country – Child attending school in Malaysia – Stability and continuity of upbringing – Whether shared residence across jurisdictions in child’s best interests. Children – Access – Staying access – Foreign parent – Liberal access during weekends and school holidays – Child’s welfare balanced against need for stability. Children – Removal from jurisdiction – Foreign parent – Safeguards against removal from Malaysia – Requirement of consent or leave of court – Law Reform (Marriage and Divorce) Act 1976, ss 89(2)(e), 101.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-33jp-147-06-2022)