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Child Custody Fight: Law Gone Blind in Malaysia

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asked on Sep 14, 2010 at 21:04
by   Need Change ASAP
edited on Jun 2, 2016 at 14:00
 
Friday August 13, 2010

I don't want mummy, says girl in custody fight

By M. MAGESWARI

PUTRAJAYA: It was a heart-wrenching scene at the Court of Appeal here when three appellate judges tried to persuade an 11-year-old girl to give her mother a second chance.

Low Bi-Anne had initially refused to meet her mother Tan Siew Siew, 37, when the custody battle case was called up. The mother has been given custody of the child.
However, Bi-Anne, who was in tears, sat close to her father, real-estate negotiator Low Swee Siong, 40.

Upon hearing submissions by the parties, Court of Appeal judge Justice Sulong Matjeraie, who chaired a three-man panel, asked the girl to give her mother a chance to show her love.

"Your mother came all the way from England to see you," he said.

Justice Mohamed Apandi Ali told her: "Your mother took care of you for nine months. Give it a try."

Upon hearing this, Bi-Anne said: "She took care of me for nine months but my father took care of me for 10 years."

Justice Jefrey Tan Kok Wha told the girl: "I am sure (both your parents) love you equally."

The girl then wept and said: "I don't love her."

Lawyer T. Susamma, who acted for the girl's mother, said her client was heartbroken at not having access to her daughter. Susamma applied to the Bench for the girl's father, Low, to surrender her birth certificate and all school records.

Counsel Chan Kah Ling, who represented Low, requested that the court give them 14 days or a month to comply with the order.

Justice Sulong ordered that the birth certificate be given to Tan within seven days.
The couple married on Aug 2, 1999. When they divorced on June 19, 2006, the custody of the girl was given to the father.

After two years, the mother applied for custody.

On Aug 6, 2008, High Court judge Justice Hinshawati Sharif ordered that custody of the girl be given to the mother and the father be given reasonable access. However, the order could not be executed because Bi-Anne did not want to go to her mother.
On July 27, the father appealed to the Court of Appeal against the lower court ruling but later withdrew it. Yesterday was the execution of the High Court order for the custody of the child to the mother.
Published: Monday September 13, 2010 MYT 4:21:00 PM

Court cites dad for contempt for not handing daughter to wife

By M. MAGESWARI

KUALA LUMPUR: A real-estate negotiator has been cited for contempt of court and sent to Sungai Buloh jail for his failure to hand over his 11-year-old daughter to his former wife in a custody battle for the girl.

Family Court Judicial Commissioner Justice Yeoh Wee Siam also fined Low Swee Siong RM20,000 in default two months' jail.

Justice Yeoh said Low would be fined another RM400 for each day he did not surrender his daughter or her passport.

His former wife, London-based restaurant manager Tan Siew Siew, 37, had won the custody of Low Bi-Anne in a High Court ruling in 2008.

In her judgment on Monday, Justice Yeoh said she was not satisfied with the explanation given by Low, 40.

He knows that he should comply with the court order. I had given him the last opportunity to hand over his daughter to his ex-wife.

In her ruling, Justice Yeoh said Low could have exercised his parental supervision by encouraging his daughter to come to court. "It is his duty to comply with the court order," she said.

Justice Yeoh said Low had ignored court orders thrice and that this was contempt of court.

Upon hearing this, Low who stood near the witness box, gripped both hands on his back and looked down.

The judge also dismissed a stay application by Low's lead counsel Ravi Nekoo over the court ruling.

Questioned by Tan's lead counsel Kiran Kaur Dhaliwal Low said he was only trying respect his daughter's wishes.

"I tried my best to persuade her to attend the court."

He said Bi-Anne was now staying at his home in USJ 19, Subang Jaya with his eldest sister and that he did not have enough time to collect her passport that was kept at his mother's house.

Low also said he asked Bi-Anne to come to court but she was frightened, cried and refused to attend the court proceedings on Monday.

When questioned by Ravi, he said Bi-Anne was under Tan's care between Aug 12 and Sept 4 after the girl was handed over to his ex-wife during the Court of Appeal proceedings.
He said Bi-Anne told him that she had attempted to run away from Tan twice because her mother had disallowed her from keeping in touch with him.

She tried to climb out from the window on one occasion. Asked if he could force Bi-Anne to come to court, he said 'no'.

He said he saw Bi-Anne and Tan at a shop on Sept 4 and that the girl later followed him after she cried and held him tightly.

At the court proceedings earlier Monday, Justice Yeoh revealed that Tan had also succeeded in her bid on Thursday to get an order from the Family Court to take Bi-Anne to the United Kingdom.

At the Court of Appeal on Aug 12, three appellate judges had to persuade Bi-Anne to give her mother a second chance.

The couple married in 1999 and divorced in 2006.

The custody of the girl was given to the father but two years later, Tan applied for custody.

On Aug 6, 2008, High Court judge Justice Hinshawati Sharif ordered that custody of the girl be given to the mother and the father be given reasonable access.

However, the order could not be executed because Bi-Anne did not want to go to her mother.

On July 27, the father appealed to the Court of Appeal against the lower court ruling but later withdrew it.
Tuesday September 14, 2010

Dad to pay for ignoring order

By M. MAGESWARI

KUALA LUMPUR: A real-estate negotiator has been cited for contempt of court for failing to hand over his 11-year-old daughter to his former wife in a custody battle for the girl.

Family Court Judicial Commissioner Justice Yeoh Wee Siam fined Low Swee Siong RM20,000 in default of two months' jail.

Justice Yeoh said Low would be fined another RM400 for each day he did not surrender his daughter or her passport.

His former wife, London-based restaurant manager Tan Siew Siew, 37, had won custody of Low Bi-Anne in a High Court ruling in 2008.

In her judgment yesterday, Justice Yeoh said she was not satisfied with the explanation given by Low, 40.

He knows that he should comply with the court order. I have given him the last opportunity to hand over his daughter to his ex-wife.

In her ruling, Justice Yeoh said Low could have exercised his parental supervision by encouraging his daughter to come to court.

"It is his duty to comply with the court order," she said.

Justice Yeoh said Low had ignored court orders thrice and that this was contempt of court.

The judge also dismissed a stay application by Low's lead counsel Ravi Nekoo over the court ruling.

Upon questioning by Tan's lead counsel Kiran Kaur Dhaliwal yesterday, Low said he was only trying respect his daughter's wishes.

"I have tried my best to persuade her to come to court."

Low said he informed Bi-Anne to come to court but she was frightened, cried and refused to attend the court proceedings yesterday.

Questioned by Ravi, he said Bi-Anne was under Tan's care between Aug 12 and Sept 4 after the girl was handed over to his ex-wife during the Court of Appeal proceedings.
He said Bi-Anne told him that she had attempted to run away from Tan twice because her mother had disallowed her from keeping in touch with him.

"She tried to climb out from the window on one occasion. She also tried to get out through the door but failed in both attempts because the alarm went off," he said.

Asked if he could force Bi-Anne to come to court, he said 'no'.

He said he saw Bi-Anne and Tan at a shop on Sept 4 and that the girl had followed him, crying and holding on to him.

At the court proceedings yesterday, Justice Yeoh said Tan had also succeeded in her bid to get an order from the Family Court to take Bi-Anne to Britain.

At the Court of Appeal on Aug 12, three appellate judges had to persuade Bi-Anne to give her mother a second chance.

The couple married in 1999 and divorced in 2006. The custody of the girl was given to the father but two years later, Tan applied for custody.

On Aug 6, 2008, High Court judge Justice Hinshawati Sharif ordered that custody of the girl be given to the mother and the father be given reasonable access. However, the order could not be executed because Bi-Anne did not want to go to her mother.
Two months ago, Low appealed to the Court of Appeal against the lower court ruling but later withdrew it.
Published: Tuesday September 14, 2010 MYT 2:20:00 PM

Dad pays fine, released from prison

By M. MAGESWARI

KUALA LUMPUR: Real estate negotiator Low Swee Siong, cited for contempt of court for failing to hand over his daughter to his former wife, has been released from Kajang Prison after a close friend paid the RM20,000 fine imposed by the Family Court. Low was released at 1pm Tuesday.

Family Court Judicial Commissioner Justice Yeoh Wee Siam had on Monday fined Low RM20,000 in default of two months' jail.

Justice Yeoh had said Low would be fined another RM400 for each day he did not surrender his daughter or her passport.

His former wife, London-based restaurant manager Tan Siew Siew, 37, had won custody of Low Bi-Anne in a High Court ruling in 2008.

At the Court of Appeal on Aug 12, three appellate judges had to persuade Bi-Anne to give her mother a second chance.

The couple married in 1999 and divorced in 2006. The custody of the girl was given to the father but two years later, Tan applied for custody.

On Aug 6, 2008, High Court judge Justice Hinshawati Sharif ordered that custody of the girl be given to the mother and the father be given reasonable access. However, the order could not be executed because Bi-Anne did not want to go to her mother.

Two months ago, Low appealed to the Court of Appeal against the lower court ruling but later withdrew it.
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answered on Sep 17, 2010 at 14:42
by   Gunner
edited Jun 5, 2016 at 03:52
 
I've read with interest the issues surrounding the Bi-Anne case. Of late I understand that father now was put in jail and then further ordered to pay RM20,000 in fines and RM400 a day for not surrendering the child passport.

The family court and its judges must be crazy. Firstly the child's well-being should be of utmost importance. The child Bi-Anne at 11 years of age has on many occasions stated that she wants her father. Her father has taken care of her for 10 years and she yearns to be with her father and the surroundings she is familiar with. The family courts in Malaysia seem not to understand the needs of a child.

Two wrongs don't make a right. The first grave mistake was giving the mother custody and uprooting Bi-Anne from her familiar surroundings. The second is then further jailing the father for what was in the first place a gross injustice from the Family Courts.

Fathers have a right, a right to parent and to love and to care. Why is it, the family courts and then further courts of appeal seem to get it wrong on the most basic of issues . So what's left for the father and his loving daughter. Rather than lose his daughter to a mother that has no interest in the well being of the child, the best way forward is to convert to a Muslim.

The Syariah law seems to less corrupt and more balanced in its approach to family issues and parenting rights. The conversion issues plaguing Malaysia over the last years stems from an unbalanced and corrupt family courts in Malaysia. They get away with blatant injustice and pass it on as the law. What is the law? To uproot a child from her surroundings and send her to UK with a mother that never wanted her at the start.

So the solution now is simple, fathers convert, fall within the Syariah law, convert your daughters and let the more balanced Syariah law deal with justice in a better way. The Syariah law would have never decided to send the daughter into hands of a parent that never was. Nor would it be biased nor unbalanced. For desperate fathers Syariah law is the holy Quran.
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answered on Sep 17, 2010 at 21:15
by   Look wider
edited Jun 5, 2016 at 03:55
 
First of all, to all reader and commenters, do we know the real story of this so call "injustice"?

Have we all read both parties claim before we comment that there is injustice in this case and point on corruption and blatant justice?

All we have hear from the media are comment from the father, where is the mother's voice? Have anyone care to look on the other side?

Let me put up some question here and see if its get answered:
1. Is the father here during the child birth?
2. Is the father look after the child through out the 10 years as claimed?
3. Was the father a "normal" individual with stable income and character?
4. Was the child been told the right thing about her mother? Why she hate her so much? Any chance of negative mind been planted into the poor 10 years mind or even younger
5. If someone breaks the law, again and again, shall he/she not to be punished regardless the excuse?

We are all sitting at the other side of the fence and yet we can make so many remarkable comment about the case. Can anybody just for once try and think from the other side? well in this case we can't cause we do not know the other side, right?
Then, does it make us have all the right to even condemn the other side that we do not know or just purely based on our guesstimate and stories from one side?
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answered on Sep 17, 2010 at 21:38
by   wider than wider
edited Jun 5, 2016 at 03:57
 
We didn't hear from the mother side because she is doing all the wrong things and doesn't want to be heard and she has been achieving all she wants with her money given by her rich Hong Kong boy friend from London!

What is there to hear from an irresponsible MOTHER?
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answered on Sep 18, 2010 at 05:30
by   AAAA
edited Jun 5, 2016 at 05:03
 
@wider than wider

You don't know the real stories behind this. How did you know the mother was wrong in everything? How did you know that she is getting money from a rich boyfriend?
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answered on Sep 18, 2010 at 06:05
by   Fair
edited Jun 5, 2016 at 05:39
 
I have a question... if working in UK or London can earn such of good income, I can say a lot of Malaysian will flying there to work with or without permit. Without real financial support how can a staff as a manager can staying here for such a long period? Which company can accept it? Well, I read from newspaper about ladies with full of branded items, well maybe it's time for me to consider getting a job in London!

No matter Mother or Father the most important we must respect the PITY 11 years old children! FAIR to her and RESPECT this pity girl!

Something which does NOT belong to us if we keep on fighting or grab back, in the end everyone will be hurt badly or both mother and father will lose Bi-Anne because a child mind is very simple, not so complicated like adult!

PLEASE take note seriously! If one day this kid is unable to take all these stress, she may hurt herself. She may not be able to control her mental and emotion. She may be involved in an accident trying to run away again and again. Maybe she will stop surviving! PLEASE DON'T LET ALL THESE happen because she has her choice too because this 11 years old girl is just a very "NORMAL CHILDREN." She should be having a happy life with what she wanted.

If we are Bi-Anne, how long can you stand all these STRESS and UNHAPPY MEMORIES? Please let here choose herself and respect her before any sad or bad news happen...

Bi-Anne I Wish You Always Happy & Grow Well... From: JW
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answered on Sep 18, 2010 at 06:23
by   Angle
edited Jun 5, 2016 at 06:29
 
Adult relationship problems... Please do not hurt her or let the kid become a VICTIM! Children or kids should have smiles not tears. The moment I saw Bi-Anne tears, my heart was so painful. Why adult makes a child or kid so painful? She's not furniture or toys. She's just a normal girl who should go to school and enjoy her childhood with her own friends.

Father is already 40 years old, mother is 37 years old. Both add together 77 years old yet made an 11 years old kid cried. What are they fighting for? Very fun is it? This little girl is already 11 years old. After 7 more years, she'll be 18 years old and can have her own freedom.

Shame on this court case.. This is Malaysian Law? I think I did the right thing by slowly moving out of Malaysia. What kind of law is this? Kids or children have no right to choose? Well done. Let's see the next generation kids who have been studying overseas for years will prefer to come back to Malaysia and accept such laws.
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answered on Sep 18, 2010 at 18:12
by   Better wife
edited Jun 5, 2016 at 06:31
 
'Look Wider' has posted some interesting question and I think it is trying to attract rights of a mother.

You ask where was the father during child birth as if you had 1st hand information so please tell us rather than asking us to guess. Many father I know was not in the delivery room because of work or doctors don't allowed.

I read that the father was a car re possessor which I think is normal. People who don't pay their installment are not normal.

Did the father look after the child for 10 years was confirm yes by the child herself before 3 judges as reported in the Star.

Was the child told the right thing I presume meaning was the child thought to hate the mother? I feel that is uncalled for. 11-year old child has access to modern technology and could easily confirm with her mother if the mother had tried to explain why a mother would abandon her own child right after birth.

The father took upon himself to raise the child abandon by the mother rather than giving up the child in some orphanage as an easy way out.

I presume the mother after so many years of abandon the child is full of remorse and want to redeem herself. I sincerely agreed if that is her intention having made a bad decision 11 years ago. I can not condemn her motherly instinct but her method by using force is not correct.

I believe as I would also grow to hate the mother for putting my father who look after me for 10 years into jail. The mother might think she is right but let me assure you the hurt inside the child is very deep. Should the child be taken away from the father to UK, can the child be normal?

The mother should leave the child to grow up in a familiar environment encourage her to study hard and keep very close contact with her then when the child reach 17, take her to UK to finish her education and you can have a whole child who is not bitter with you.
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answered on Sep 19, 2010 at 05:22
by   1Msia
edited Jun 5, 2016 at 06:54
 
Ah Moi... mana boleh? Ini macam kamu buat tak betul. Kamu suka-suka buang anak kamu dan pergi England untuk cari wang dan dapat boyfriend kaya-kaya sana. Sekarang kamu datang balik nak tipu kita pula. Tak boleh loh! Kamu tak fikir macam mana anak kamu fikir kamu kah. Lebih baik kamu balik England cari anak sana. Kalau kamu suka anak kamu, biar dia pilih sendiri. Jangan guna banyak wang kamu sini. Bukan semua orang suka wang macam kamu. Kita sini 1Malaysia ada hati tahu.
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answered on Sep 19, 2010 at 05:34
by   shame
edited Jun 4, 2016 at 04:35
 
It's high time the truth be allowed to unfold. Those greedy slime in the legal profession have always been blinding our judiciary with frivolous application to counter the truth.. It's high time we have the truth and not be bogged down with irregularities and technicalities and legal jargon. Common, it's so simple. This girl is being traumatized and the mother is so selfish to win her over her dead body. What a shame, our family courts seem to be going back to primitive times or their are protective one another with no conscience to the public their are bound to serve.
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answered on Sep 20, 2010 at 02:40
by   nokia
edited Jun 4, 2016 at 04:36
 
What a silly system that penalises only fathers.
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