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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 24, 2010 at 13:45
by   Batman
Hey guys, I am joining this forum.

To me, this case is a no brainer. Why did the father change lawyers four times to defend a simple custody order like this?

I guess it must be because after gaining a deeper understanding of the facts of this case,they all considered the father's case indefensible. Therefore, it must also mean that most things said good about the father and things said bad about the mother in this forum or in the press are probably factually incorrect.

The judges had the facts and evidence placed before them by both the father and the mother before they reached their decisions. The fact that the Courts found in favour of the mother must mean that her evidence was more credible. So, why are we still discussing the merits of this case.

The only issue worth discussing now is whether or not RM400 a day is a sufficient penalty for repeated contempts of Courts. If even the Courts cannot enforce law and order, the end of a peaceful civil society is near.

Let me make one prediction here. If there are any more fights in the Courts in this case, the father will change lawyers again.
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answered on Sep 24, 2010 at 14:05
by   Better Wife
edited Jun 6, 2016 at 04:09
 
'Superman' has put some light into this case. However I sense there are some hatred in 'Superman' against LSS.

I hope 'Superman' can put some light into this case for all of us to understand mother's emotion and reason. Please remember I said I am not against mother coming back for child and the way she is doing it is what any mother who has the means to do will do.

1. Why TSS did not want the child back then?
2. Can a restaurant manager afford to raise a child in England and live a comfortable life?
3. Is TSS really working as a Restaurant Manager or she has some other jobs?
4. What is TSS state of mind refusing to come back to Malaysia to be with the child. (I understand she has to work but can also work in Malaysia)
5. Why TSS will not take time to win Bi-Anne love?
6. Is the aunty raising Bi-Anne up in a wrong way?

I feel TSS is rushing and pushing. Bi-Anne has been with the aunty since birth and it is difficult for Bi-Anne to break that bond.

It will be good for TSS to go public so that we can see the real person rather than reading about her. At this point of time, it is difficult to confirm Bi-Anne has been thought to hate the mother because Bi-Anne has said in open court she don't love the mother and don't want to follow her. 11 years old is not easily influenced.
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answered on Sep 24, 2010 at 14:34
by   Bravo
Salute to the mother, TSS! I can assure you the public is not blind.

I think the mother's ability to raise the child is not a problem. If she cannot raise a child, I don't think she will make this decision.

Why the mother's occupation is being questioned here? I got many friends in UK and they are all with a decent job in UK and living expenses is not a problem at all. What is @Better Wife trying to point out? Incapable of raising a child as a single parent? Just a thought! LOL

No one is being judgemental to the father but he is really a disgrace to men if he really did any bad things to the mother!

That is why we have to look deeper into the root cause then only we can see clearly who is the culprit here!
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answered on Sep 24, 2010 at 15:16
by   Just for Fun
edited Jun 4, 2016 at 04:46
 
Asking for child support from the mother? Wasn't that they have been doing it every year? Asking a big lump sum from the mother and telling her that it is for her child? I heard it is a 5 digits, but whether the money goes to the child or the father or aunty? So funny, want to check the mother's background! I am sure somebody is already clearing your background!
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answered on Sep 24, 2010 at 15:24
by   Bossy
edited Jun 4, 2016 at 04:48
 
Don't boss around and kept questioning people's motive of taking her own child back. You know the maternal mother deserved the rights... and every rights! Taking people's money claiming it as child expenses and some more want to scream and shout and bite people's head off! Only the blind bulls will do that! There is useless to do a characteristic attack to the mother, because times are up for your own characteristic being judged by the public!
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answered on Sep 24, 2010 at 17:27
by   shark
edited Jun 6, 2016 at 04:13
 
@better wife

I sense that you are so interested on this topic? Looks like you are against TSS and want to watch how they break up... the distance of the child and she is her natural mother or did you have the same case in your life?
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answered on Sep 24, 2010 at 17:50
by   poor guy
edited Jun 7, 2016 at 03:04
 
@batman

You say one prediction "If there are any more fights in the Courts in this case, the father will change lawyers again."

Are you an octopus? name "Paul"? My conclusion, everyday the father has to pay RM400.00, processes the money also not enough time.
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answered on Sep 24, 2010 at 19:52
by   Bravo
edited Jun 7, 2016 at 03:26
 
I think what @Batman is trying to point out are either the father has no money for the lawyers and kept changing because the lawyer refuses to proceed without any payments or the father thinks the lawyer is not up to expectations! By the way, 4 lawyers? I am sure he can pay to change 4 lawyers and I don't think RM400 a day is a great deal to him! If he can't pay, go back to jail only...

Since he said he's willing to sacrifice for his daughter, he should settle the problem and not blame anyone else. Because he bring this upon to himself! Contempt of Court, 3 TIMES!
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answered on Sep 24, 2010 at 20:07
by   Feeling Pity
Now I felt really pity! Can you people see how @Better Wife so sure that I am the girl's mother? Is like she is so sure besides the maternal mother, no one else will defend for her stand. I really find her point meaningless and her directions are not clear as well.

I did point out whether what if the mother and father situation switch place, would she side the mother then? She thought I point out the father came back from UK with a girlfriend. Now how would @Better Wife knows? I was putting a example and she go conclude other things! Clearly she knows things that we do not know! The dark side of the father!

Now I felt really offensive! @Better Wife never learned! Saying I am not the mother also wrong and the truth was I am not! But is pointless isn't it? The more I clarify, the more she will say I am the mother! @Better Wife, you are a disgrace of us women. Perhaps, you are the aunty who fights behind the father and even seeing your own brother go to jail also is worth it! Has the father promise her custody to you after he won the case? Since now the truth is out that you are the one taking care of her and not her father?

How's that feels like being pointed at as someone which who isn't really u? Laugh out loud! People can read, think and analyse. Public will not be lead blindly, what centuries we are in now? Till we have to question the mother's occupation? You really look down on single parents who raise their kids single handed and with many friends and family supports! Oh wait, before you think I am single parents which you are trying to, please don't make fool of yourself again!
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answered on Sep 24, 2010 at 20:27
by   Better Wife
edited Jun 7, 2016 at 03:42
 
The father is prepared to go to jail, pay fine of RM20,000 plus RM400/day simply because Bi-Anne doesn't love the mother and doesn't want to follow the mother. Right for some of you to say Father deserved it but if he doesn't love Bi-Anne why would he do that?

Come on don't be of the same saying father deserved it when you would even die for someone you love or you dare not? From your posting very likely you will dare so the father is a good example.

I also have friends working in UK but it is tough but have no choice for those in low level position. TSS has a better option to come back and get a job in large Chinese English restaurant then TSS can be close to Bi-Anne.
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