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Child Custody as in Divorce and Child Adoption

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asked on Oct 4, 2021 at 12:18
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edited on Oct 4, 2021 at 12:51
by   jeff005


Judicial commissioner Wong Hok Chong says adoption is a serious matter with far-reaching and permanent consequences.

October 4, 2021 10:30 AM

PETALING JAYA: The High Court in Penang has refused to remove the right of a father not to allow his children to be adopted on grounds that he neglected them after a divorce with his wife.

Judicial commissioner Wong Hok Chong said the term “neglect” in the Adoption Act means much more than an “inadequate” father.

“Neglect means that the parent, having primary ward, has made no provision for the child, either personally or through a care provider,” he said in dismissing an appeal by a couple, Haneshpal Singh Saini and S Gayatri.

N Vijayagopal and Gayatri, the natural parents of two children, were divorced in 2016.

Gayatri was given custody of the children, now aged 10 and 11.

In 2019, Gayatri married Haneshpal, the stepfather, who now wants to adopt the children.

Gayatri claims Haneshpal was the father figure to the children from the outset of their relationship whereas Vijayagopal has been an absent father since they were separated.

She claims Vijayagopal hardly visited the children although the court allowed him reasonable access following a court order in 2017.

Haneshpal filed two applications in the sessions court to adopt the children and one of the conditions was that Vijayagopal must give his consent which he refused.

This resulted in the couple filing another order to dispense with Vijayagopal’s consent.

Wong, in his written judgment, said the parent’s consent to give their children up for adoption must be obtained as reflected in Section 6 (a) of the Adoption Act 1952.

Giving up a child for adoption is a serious matter with far-reaching and permanent consequences.

“The parents’ connection to the child, the lineage, the custody, the relationship and all rights as parents are erased and assumed by the adoptive parents,” he said.

Wong said the children were living with Gayatri and Haneshpal and were well cared-for.

He said Gayatri and Haneshpal’s claim that Vijayagopal’s failure to regularly visit and keep abreast of the children’s well-being was tantamount to “neglect”.

However, while Haneshpal may be a good stepfather, Vijayagopal did not have access to the children as it was alleged that Gayatri had frustrated his attempt to meet them to the point that he simply gave up.

“Vijayagopal cannot be said to have neglected the children as he did not have ward over them.

“I don’t see the withholding of consent (for adoption) by Vijayagopal can be said to be unreasonable in terms of the children’s welfare,” said Wong.
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4 Answers

answered on Oct 5, 2021 at 11:30
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edited Oct 5, 2021 at 11:34
by   jeff005
Do take note of the keywords of the above case :

I shall coin this case as [ Gopal Case ]for the purpose of discussion

1.  “neglect” 

2.   Section 6 (a) of the Adoption Act 1952.

3.  reasonable access 

4.  give his consent 

5.  “The parents’ connection to the child, the lineage, the custody, the relationship and all rights as parents are erased and assumed by the adoptive parents,”

6.   frustrated his attempt

7.  have ward over them.
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answered on Oct 5, 2021 at 11:39
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edited Oct 5, 2021 at 11:46
by   jeff005
Another case 

[ Mohan Case ]

Caught in tug-of-love, a father pines for his little girl
October 5, 2021 7:45 AM

PETALING JAYA: Like many other divorced fathers, Veeramohan Dorairaja, 50, is fighting an uphill battle to see his daughter, now aged seven, after losing custody to his wife two years ago. All he sees of her now is on a video call – which lasts only seconds, he says.

Fed up with being denied access to his daughter, he filed suit against his former wife, but lost. He now plans to appeal.

His plight is similar to that of other divorced men, says Sheikh Faleigh Sheikh Mansor, co-founder of the Fathers’ Rights Association of Malaysia. He said the probability of fathers securing joint custody of their children was extremely low, and primary custody would almost always be granted to mothers.

Veeramohan, also known as Chris, says he has not seen his daughter since November 2019. “Every morning I wake up thinking of her and it’s just really sad that I don’t get to see her. It has been really tough.”

After his divorce was finalised in June 2019, he was granted unsupervised visiting rights to be with his daughter at a shopping mall for three hours on Saturdays, and a weekly 15-minute video call.

However, the weekly visits did not take place, he said, and accused his former wife of making excuses to avoid letting him see his daughter.

“My ex-wife would always have reasons such as my daughter is sick, she’s attending a family function or that she’s going on a holiday. She would also tell me to come by another day but it always coincided with my working hours,” said Chris, a former hotel manager.

He took her to court for contempt by denying him the right to see his daughter but the case was unsuccessful as an affidavit was not filed. He has filed an appeal.

“The last time I saw my daughter physically was in November 2019. A loving father should not (have to) go through this,” he said.

“My daughter is now seven, I should be spending quality time with her. I’m missing out on so many moments of her life. I don’t get to be there when she needs me and I can’t even provide her with emotional support.

“Our weekly 15-minute video calls last only a few seconds. It was going well until May. Now she only says ‘Hi’ and hangs up. I can’t even have meaningful conversations with my daughter. It’s ridiculous.”

He urged all divorced fathers to fight for automatic shared custody after a divorce “as this is the only way to never lose the children”.

Sheikh Faleigh said Malaysia’s family law should be changed.

“In most cases, the rights and custody will go to the mother. It is painful to learn that fathers have limited visiting rights, such as a weekly 15-minute video call, or three to four hours per month to be with their children.

“Some fathers are more fortunate and are granted overnight stays on alternate weekends.

“Is that fair? Is it sufficient for child-father bonding? Is this what we mean by family law justice?

“As much as mothers have the right to be with their children, a father has the same rights naturally. Most importantly, the child has the most rights to be with both parents.

“Children should have the freedom to be with their fathers,” he said.
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answered on Mar 9, 2022 at 21:56
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“In most cases, the rights and custody will go to the mother. It is painful to learn that fathers have limited visiting rights, such as a weekly 15-minute video call, or three to four hours per month to be with their children.

“Some fathers are more fortunate and are granted overnight stays on alternate weekends.

“Is that fair? Is it sufficient for child-father bonding? Is this what we mean by family law justice?

“As much as mothers have the right to be with their children, a father has the same rights naturally. Most importantly, the child has the most rights to be with both parents.

“Children should have the freedom to be with their fathers,” he said.
Usually such issues are resolved through the courts. But thank you for the information.
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answered on Mar 10, 2022 at 20:06
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edited Mar 10, 2022 at 20:06
by   williamclarks
If you need help, then you should contact the adoption lawyer services. We have professionals who can help you solve your problem.
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