COURT GIVES FATHER SOLE CUSTODY OF CHILD AS MOTHER FICKLE-MINDED

KUALA LUMPUR: The High Court has awarded sole custody, care and control of an 11-year-old girl to her father in a third variation order made following his divorce from her mother seven years ago.

Justice Evrol Mariette Peters said she had, in coming to a decision, meticulously considered the child’s welfare, the paramount consideration under the Guardianship of Infants Act 1961 and the Law Reform (Marriage and Divorce) Act 1976.

The judge said she approached the wife’s latest application to vary the order “with a great deal of caution, considering her past indecisiveness”.

Filed in August last year, the wife, identified as Ling, sought care and control of the child, and for her ex-husband to only to be given access to her.

The husband, anonymised as Sing, countered with a cross-application, seeking sole custody, care and control of the girl, and for Ling to have limited access.

Peters ruled against the wife.

“Her history of changing her mind raised concerns about her suitability and stability as a custodian.

“Initially, she sought care and control of the child, indicating a desire to be the

primary caregiver,” Peters said in a 30-page judgment posted on the judiciary’s website last week.

In 2021, however, Ling relinquished those responsibilities, claiming to have been overwhelmed by the need to balance her work commitments with the demands of raising the child.

“Now, in her third variation application filed in August 2023, she claimed to be ready to raise the child on her own, and once again sought care and control,” the judge said.

Peters said such “back-and-forth behaviour” suggested a potential lack of foresight and commitment, critical qualities for a parent seeking custody.

She said Ling’s previous actions suggested she might not have fully considered the long-term implications and responsibilities associated with such a role.

“The wife’s inability to manage the child was reflected in the psychologist’s report which indicated she often resorted to various disciplinary measures to address the child’s behaviour,” said Peters.

The judge said she was unable to allow Ling’s application. “Doing so would compromise the welfare of the child.”

Ling has filed an appeal.

According to the facts of the case, Ling and Sing were initially given joint custody, care and control of the child. At the time, Ling continued to reside at Sing’s residence in Puchong despite their divorce in February 2017.

In September 2017, the wife unilaterally removed the child from Sing’s residence, resulting in him filing an application for the girl’s return. She filed for a variation order in December of the same year.

Under the first variation order, granted in May 2019, Ling and Sing agreed to joint custody of the child, with care and control given to the wife, who had moved to Penang. The husband was granted unlimited and unimpeded access to the child.

By November 2021, Ling was no longer able to cope with looking after the child due to work commitments. A second variation order was secured, with Sing granted custody of the child.

2024-07-19T23:38:57Z