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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 22, 2010 at 05:51
by   Better Wife
edited Jun 5, 2016 at 08:26
 
@Feeling Pity

How do you know the father came back from UK with a girlfriend? Even if the father came back with a girlfriend, the father came back for the daughter with the girlfriend and I don't see anything wrong with that since the mother abandoned the daughter.

However I found something interesting and that is the mother has an expansive apartment in UK which is beyond the reach of even a restaurant manager. Where did she get the money? No wander 'Tiger' notice all the Branded stuff she was wearing in the police station.

In today Star comment column, "Justice Denied" describe Bi-Anne going to UK as Deportation of a criminal. Is Bi-Anne a criminal? Bi-Anne doesn't want to go to UK and the mother is deporting her like some criminal. I would also describe Bi-Anne situation as detention without trial.

My stand is clear. Listen to what the child wants. She is 11 years old who has never had a relationship with the mother. However you are saying what the parents wants is more important. I think restaurant manager and car repossessor are not qualified to forced the child to accept the dream future.

You wrote like a mother who is having a hard life bringing up a child overseas and should not be penalized. So I read like the mother of Bi-Anne as not many can have that similar experience. Again you assume the father came back from UK with a girlfriend which is a very far fetch assumption for someone who is not Bi-Anne's mother.

This is a discussion forum and it will not be a forum if we cannot express our views. If you don't like open discussion forum, please do not join and it is not too late for you to leave. You sound like Bi-Anne's mother who likes to force her will on others.

Is it possible the mother stage of mind is depression and denial after (my apologies for hitting below the belt) possibly being left behind by her married boyfriend who has decided to return home? Perhaps you can share your experience here.

Leave the kitchen if you can't stand the heat.

From your comments I really pray hard you are not the mother of Bi-Anne because I sense so much bitterness in you. You are so full of anger and unforgiveness. You need to forgive yourself first and pray to God to give you strength to face the future for Bi-Anne.
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answered on Sep 22, 2010 at 17:01
by   Feeling Pity
edited Jun 6, 2016 at 03:22
 
No wonder people said talking to a bull is like banging a wall. This is exactly what happened. Asking me to get out from public forum some more. Who are you? the administrator of this forum? Hah!

For your info, I can confirm and tell you that I am not the mother and I do not know the mother. Where she stay and how she dress and branded or not has nothing to be judge at. Unless you are red eye on her dressing and her selection of fashionable wears. Branded or not it is still individual selections. Again she is being penalised for just wearing better brand clothes and etc just because we locally embrace it like goddess.

Public forum of course you can voice it out! But it seems like you are someone who is close to them and maybe you are the invisible auntie who have been taking care of Bi-Anne all along and trying to mislead all of us here. It is tough isn't it? Knowing that not everyone is on your side? Accept the reality lady! Not all is as one sided as you! I pray to God to guide you so that your future is well and the decision you made is well. Because at the end, what goes around will comes around.

Saying that I am bittered? My God, you think the public won't be angry as well? Or we should just be angry at the mother so that I won't be labelled by you as bitterness person? I don't have to care what you think of me! Because I gain nothing to prove it to you.

Talking about the people who witness the situation in court or even the media who so happened to be there? Come on, who don't know that media also can be bought by money? As long as you employ them to specially do so, they will do it! No need to report untrue issues but exaggerate the pitiness for the father is more than enough. Since people said the court is corrupted, then the media also is corrupted. What to do, our society what!

Of course your food is stand still. Now at least, people can see who you truly are! Aunty!
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answered on Sep 22, 2010 at 17:04
by   Bravo
Hahahaha...Now I know why the other side always no comment! I thought it is weird that why always only one side tell the stories and the other just keeping quiet all the time! Looks like tell also no use! Whatever being explained also will be feedback negatively! Not only the situation is ugly but the supporters also ill-sighted! LOL....
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answered on Sep 22, 2010 at 18:45
by   nokia
edited Jun 4, 2016 at 04:44
 
Its a state of lawlessness. How can the kid be removed from the father - a non-criminal?

Come what may, once a cheater always a cheater. Ever heard of baby dumpers coming back to redeem themselves. There should never be a second chance for these people who I see the worst criminal of the times. They are plain selfish and I bet they don't even know it. Don't haunt us. Just go back and leave us alone. You are welcome back to visit us for Xmas and New Year i.e if you like. Don't waste your money in Bolehland.
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answered on Sep 22, 2010 at 22:25
by   Better Wife
edited Jun 6, 2016 at 03:39
 
Okay let's get back to the issue in hand and that is Bi-Anne rights. I agreed the court has made a decision based on some information and facts. Here we are discussing why Bi-Anne has no rights?

An 11 year old child has no rights to choose whom she prefers to grow up with? An 11 year old child cannot see who loves her more and can provide more for her?

So we don't know the real back ground of the mother and father so the best person to know them very well is definitely Bi-Anne.

So why is the court not listening to Bi-Anne? How can the judges think they know better than Bi-Anne in deciding what future Bi-Anne should embraced without questions? 

By the way, I am not Bi-Anne's aunty and I am definitely not an aunty.

Again I am not saying mother is wrong which is something Feeling Pity doesn't seem to understand. 'Feeling Pity' is adamant that I am pointing finger and siding with the father. Either 'Feeling Pity' has been in England for too long and has English 'angin' in her head or plain dumb. I am saying her METHOD to get the child is wrong. I did not say mother should not get the child. So which part of my statement here 'Feeling Pity' doesn't understand?

Why can't the mother try to win back the child's love? Is the mother suffering from some incurable disease or dying soon or dump by some rich guy? Take another 5 years to develop a strong relationship and then Bi-Anne can continue and be so happy with the mother for sending her to University and perhaps stay with the mother until God decides otherwise.

What has the father got to gain by refusing to hand the child over? Is he plain stupid, stubborn or selfish? Why is the mother so insisting on taking the child from an environment she has grown up? Is she stupid, selfish or revengeful? What is wrong with the child growing up in Malaysia? Is she stupid, stubborn, selfish or revengeful by refusing to go with the mother?

Mother don't want to come back and get a job here to be close to Bi-Anne so why can't Bi-Anne don't want to go get English 'angin'? Why double standard? 

One thing is definitely true and the lawyers are laughing to their banks at the expense of the child.

And 'Feeling Pity' should not try so hard to defend herself from being Bi-Anne's mother if she is not. It only confirm you are as deeply hurt and spiteful like the remorse mother.
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answered on Sep 23, 2010 at 14:51
by   peanuts
edited Jun 6, 2016 at 03:48
 
I notice something interesting happening here in this particular topic. No one really wants to understand the feelings of the CHILD. I am surprised at the approach taken that seems to evolving into some sort of blame game.

DOES ANYONE HERE TRULY UNDERSTAND THE FEELINGS OF THE CHILD? My God, we could go on and on but if there is no one taking the time to understand what the child is going through than there is no point discussing this matter in this forum.

Did the judge take into account the child's point of view and why the child feels that way about the mother? Instead we have a freak show where the judiciary is "persuading" the child to go back to the mother. Has the child been interviewed by a child psychologist? Who is representing the child's matter in court? Is this nation of baby-dumpers doing the same insensitive thing to this child? Let's face it, most of don't care about this child. We are not in the same boat as the child.

My suggestion would be to have the father continue to have custody of the child but to have time for the child to see a child psychologist and very slowly introduce the mother into the picture. How can we sleep peacefully thinking the child is safe with the mother when she has been safe all this while with the father? Who are we to experiment with this poor girl's life? I only see that the mother is a selfish person who does not respect her child. I mean if the child says I don't want you, then go away la! Then slowly try to win her heart. Instead this whole incident is being paraded in public and of course, the vultures will come swooping in when they smell rotting flesh.

Please give the CHILD a chance! After all it is true that the mother left the family to go elsewhere and this reeks of selfishness. How many mothers out there would simply leave their beloved child and run go away somewhere else? The father stood by and took care of this child. He should be given a medal for responsible parenting!
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answered on Sep 23, 2010 at 14:59
by   peanuts
Is the mother really a restaurant manager? Can someone check this out with the UK authorities?  I mean if the mother left and went to away to seek her own path, why has she come back now? She should be fined for not being there when the child was growing up with the father. The mother should be asked to bear child maintenance and should be booked for what she has done! This is gross injustice in trying to 'force' a child to go where she does not want to go!  It is almost like forcing a child to go to jail!
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answered on Sep 24, 2010 at 01:39
by   poor guy
edited Jun 6, 2016 at 03:54
 
I am sorry, I just back from Singapore. I don't know what happen to this matter. Why the girl doesn't want her mother? Did somebody tell her about her mother's bad things? Because the baby was only 9 months when the mother went to UK to work. What's she working, what she knows? I believe during these 10 years, the mother has come back see the girl and very love this girl until mother found out something? The girl 100% doesn't know what happen too...
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answered on Sep 24, 2010 at 03:06
by   Better Wife
edited Jun 6, 2016 at 03:57
 
'Poor guy' please read from the top. No where was mentioned girl was told bad things about mother. This is what 'Feeling Pity' is asking. How can we know who say what when we are not inside. Both mother & father love Bi-Anne. Mother wants to take Bi-Anne to UK but Bi-Anne openly say don't love mother & don't want to go to UK. Mother failed to develop any relation with the 11 years old daughter so how can the daughter love a stranger? Is has nothing to with who told Bi-Anne about mother. Mother abandon child but now in short want to force child to love & follow her.
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answered on Sep 24, 2010 at 04:35
by   Superman
edited Jun 10, 2016 at 06:26
 
Right, since there are so many questions and popular comments about this case, I would like to share some of the things that I know. Hope it can give some readers here some fact on this issue.

1. I personally know the father, LSS and the mother, TSS and I also know of Low Sxxx Txx (LST), the elder sister of LSS and her husband, Vincent Wong Cxxx Wx (VW).

2. In short, this case concerns a childless woman who for selfish reason, wants to own another woman's child and knowingly and maliciously deprives the natural mother's moral and legal rights to be with the child to bring up the child. LSS has no interest whatsoever in the education and welfare of the child. He did not bother to see Bi-Anne after her birth until she was 2 1/2 years old.

3. To try to achieve this, LST hides behind the cloak of her brother, LSS, the father of the child (Bi-Anne) in this case, and uses him as the front to fight this custody battle in courts and obstructs every step of the way to prevent the natural mother,TSS gaining custody of the child despite the High Court order granting custody of Bi-Anne to TSS in August 2008 when the child was only eight. This was the first act of contempt of the Court by LSS.

4. Now two years on, the Court of Appeal has reaffirmed the High Court order granting custody of Bi-Anne to TSS and TSS has also been granted leave to take Bi-Anne out of Malaysia. Yet,the mother and child is still not re-united because of LSS's persistent refusal to comply with Court orders. Has the father set good example for the child in her upbringing when he consistently and persistently shown total disrespect to the law and total contempt to court orders?

5. I remember in January 2008, I was told by the mother that she was discussing with LST to take Bi-Anne to the UK. The discussion broke down and LST said to TSS, "If you want to take the custody of the child back, take this to court."

6. Now, we all understand what LST meant. If LSS wins, of course, custody of Bi-Anne shall stay with him, meaning with LST and VW. But if he loses, ignore all court orders because he, LST and VW are higher than any courts of law and they can do whatever they wish.

7. Since the High Court order granted in August 2008, not only did LSS not hand over Bi-Anne to TSS, he also continued to leave the child in the care of LST and VW who cut off totally all communication access by TSS to Bi-Anne. All telephone numbers and email addresses of the child were changed and TSS, whilst living and working in England, has no means of even talking to her own child for over two years. Of course, they can scream again that it was the eight years' old child's wish to suddenly change all the telephone numbers and email addresses.

8. This long running custody battle for her daughter has left TSS in a state of emotional desolation which is hard to describe. It repeatedly drives her to the brink and she just feels deeply bitter at being treated so outrageously.

9. LST and VW, this childless couple, have no right of custody to the child, never mind the right to own her. Yet, LST is the chief architect in poisoning the mind of this young child against her natural mother. In one telephone conversation between TSS and the child about three years ago when she was only seven, just when the conversation was becoming more emotional because the two were apart between KL and London,the natural mother heard the screaming by the aunt to the child, " Do you want me or her? "Then, there was silence, a long pause; and the child hang up without completing the conversation. TSS in London could only swallow her tears.

10. TSS told me that she is determined to get back the child. She cannot accept that it is in the best interest of the child to grow up in an environment where there is no respect for the laws, no need to work hard academically and constantly being taught to hate her own natural mother.

11. TSS has remained silent so far because she is a law abiding citizen. Her lawyers have advised her that any attempt in creating media sensation on a matter that is SUB JUDICE amounts to contempt of court. It is therefore clear that LSS has behaved contemptuously. Now that the Courts have reached their decisions, TSS has been advised by her lawyer that if her wishes, she can speak out.

12. Watch this space, TSS told me that if the child is not handed over to her quietly and peacefully within the next few days in compliance with the Court Orders, she will go public with her true life story since she first met LSS and let the public have a say as regards who is the more suitable parent to bring up Bi-Anne.
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