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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 21:04
by   Anonymous
edited Jun 7, 2016 at 03:52
 
@bravo, I am confused, is actually the father doesn't let go the child or the auntie doesn't let go the child? or should I say the child doesn't want to leave the father or the child doesn't want to leave the auntie?

If @superman story is true, then the child is bond with the father or the auntie? or @better wife knows better since you said that's nothing wrong the child stay with the auntie. So this is the custody between the father and mother OR the auntie and the mother?

Or the case is actually the auntie used the father to get back the child she loves so much? Then what the newspaper report is not true? @better wife, I think you can explain about this. @better wife, you question the mother's ability to take care the child, then how about the father? He leaves the child with the auntie and maybe the auntie wants to 'make the child hers' she just tell the child doesn't love the mother since she was young and that's why the child hates the mother so much? This is totally not right to develop a child in this way. I think the father is not doing a good job to take care the child even the public claims he love the child so much and willing to go to jail for her and pay RM400 daily to make the child stay (or should I say this is to follow the child's wish)

I am totally confused...

@better wife is the auntie? The auntie stays behind the veil and control the child and the father? Wow....
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answered on Sep 24, 2010 at 21:07
by   Anonymous
edited Jun 7, 2016 at 04:12
 
@Better wife, since the custody is already granted to the mother and the mother wishes to bring the child to UK, maybe the father should go to UK together with the child instead of asking the mother to come back to Malaysia to stay with the child. LOL...
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answered on Sep 25, 2010 at 01:00
by   Better Life
edited Jun 7, 2016 at 04:38
 
I am followed up this forum since beginning but I sad to read the discussion in this forum recently. Because this forum has been diverted to point finger and throwing bomb like a war now but forgot the objective of this forum.

I am strongly believed that some of you here is Bi-Anne's father or mother friends and your good intention to defend your friend. But we are here is not to find fault of father or mother but to find the best solution to resolve this issue and the best welfare for Bi-Anne.

Bi-Anne this little poor girl must be very scare and sad about the situation now and look like the situation become worse and beyond her control now.

Why she needs to suffer this kind of mental trauma? Why the parents need to use law to force her to choose?

Dear all, she's just a little girl and she needs love either from her father who took care of her more than 10 years or a stranger mum back from UK. What law want to force her to reject love?

Father give her a home with family members, friends and good memories in Malaysia more than 10 years; Mother has come back here to find her a better future in UK based on love.

I agreed that the mother should deserve the 2nd chance from Bi-Anne but not immediately to force her to new environment that she is not familiar with in UK or a stranger maid who will take care of her. Please give her time to adjust herself and respect her right before she ready to go with her mum in UK.

If I am Bi-Anne, I would rather my parent could sit down together to discuss my future and welfare peacefully even though seek for my wish instead of playing drama in public now. If both of you really care of me, do you think what are you doing now is no impact on my life or future? I don't want neither be a star on daily newspaper stated parent spending thousand and thousand dollars on me or your revenge tools between two of you. Why don't you save the money from legal fees and provide me better future and life now.

The more money you spent is not telling Bi-Anne how deep you love the child but reverse impact is how deep you are hurting Bi-Anne. Don't you think the RM400/day paid by father and the money spent by her mum on lawyers and not working more than 1 month in Malaysia is not making Bi-Anne feels guilty?

If both parents love Bi-Anne, please compromise and do a best arrangement for Bi-Anne.
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answered on Sep 25, 2010 at 01:16
by   Better Life
edited Jun 7, 2016 at 05:10
 
Last, I don't think Bi-Anne agreed her future need to be decided by third parties (judges) or law if her parents are failed to choose a good future for her because both of them are not deserve as her parent and qualified to raise her up.

My advise to both parents is to put down whatever no good memories between two of you and priority Bi-Anne's needs and the best for her.

I more prefer to see the good ending for this case instead of never ending story.
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answered on Sep 25, 2010 at 11:18
by   uberrimae fides
Thank you, Better Life, for being rational and sensible. Unlike the others..

I miss SFKL..
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answered on Sep 25, 2010 at 17:13
by   Change
edited Jun 7, 2016 at 05:17
 
I agreed that the parent's occupation shouldn't be question over here. The fact Bi-Anne is their child and they owe a responsibility to her. No matter how rich or poor of the parent they need to feed her and rise her up.

However, when @Better wife is repeatedly questioning TSS's ability and source of finance and @Feeling Pity keep on defending the mother's occupation.

Then I found it interesting and wondering whether some secret hiding behind about the mother's source of fund? The mother is not only a restaurant manager but with some part time job or not a restaurant manager at all as published?

I also realized that this case started somewhere around August 2010 and now is September. If I am TSS's boss then I would not so generous to let my manager away from my business more than 1 month.

I am a businessman and I need to survive so I wouldn't let my important manager just walk out from my business like that and still reserve a post for TSS. I will employ new staff to replace her no matter how great she is or either pay or unpaid leave because business is business.    

If @superman is right, TSS please come out to tell us your source of fund and how well you're paid in UK instead of let us guessing here. If possible, I also would like to meet your generous boss who is so kind enough to give you such a long leave.
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answered on Sep 26, 2010 at 05:45
by   Spiderman
edited Jun 7, 2016 at 05:18
 
I like to add to what @Superman has said. Indeed, I can't wait to speak out. But I just didn't want to speak before the mother has broken her silence.

I also know both the father and the mother. In September 2002, the father actually asked me to help persuade TSS not to leave him and the child. But having heard what LSS had done to both TSS and her daughter, I agreed with TSS that it was wise to leave this horrible man to start a new life.

TSS had not abandoned the child, it was an ultimatum given to her by LSS to try to change her mind not to leave him. TSS loves Bi-Anne dearly and came back every year from 2003 to 2007, using up all her annual leaves to see and to be with Bi-Anne. I knew that she was heartbroken when she was cut off from any communications with her daughter since early 2008 when she raised the issue with the aunt about wanting to take back Bi-Anne to London.
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answered on Sep 26, 2010 at 13:36
by   x_man
edited Jun 7, 2016 at 07:03
 
So @Superman says he know all the people. Let me also tell you I am also a friend and you are not telling the truth.

TSS wants her freedom so much that TSS doesn't want the baby to stop her enjoying her life. LSS must find money to feed baby who the mother doesn't care and doesn't want. My other friend also tells me that LSS asked TSS not to leave the baby and LSS went to friend house and KNELT DOWN in front of the house and asked TSS to come home but...

Very funny name also same TSS & LSS because both also work in UK but TSS likes to enjoy while LSS must find money to feed baby.

TSS doesn't want baby so a very good aunty takes care while you enjoy... Now you're old, come back and say the aunty is selfish?

My friend in UK also says that there is no female manager working at your old restaurant. You are lying. Manager is now Mr Ken. So where do you work?

Your brother stays at LSS house 3 years and did not pay rental, water and electricity bills. Now your brother marries rich women you forgotten.....?
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answered on Sep 26, 2010 at 20:31
by   gehpochi
edited Jun 7, 2016 at 07:22
 
@superman and @spiderman, you are heroes. x-man (x=no) not a man?

The question is why a woman suddenly left a man after more than 10 years be with him, after she has helped him to pay off his debts? LSS owes people money, TSS followed him to UK to work to earn money to pay off his debts, why she left after the debts have been paid off? or more debts coming up? or really because she found out she likes gwai lo? Use your brain to think?

LSS, be a man, don't kneel down and cry in front of people to get sympathy while your wife left. I believe if you admit your fault and are sincere to change, your wife will come back to you. But you did not, you forced her to leave Malaysia to avoid you. You put all the blames on her and you only know how to act pity. After so many years, now again you in front of public and act pity. Stand up and face your fault, man.

Both parties try to bring up all the past of the father and mother to protect their friend, but who think about the feeling of the child, how the child to face the public where everyone knows she has a pair terrible parents? or the child actually never cares about the parents, she only care about her auntie. She only cares about what the auntie will think of her and what the world will think about her auntie?

Why a woman will leave a man after so many years, after she has given her all her precious moments and do everything she can do for him? Is it just because suddenly she likes freedom and she likes gwai lo? Do not blindly support.

The auntie with Guanyin compassionate heart, you pray everyday to get people's daughter to become yours. Auntie, no matter how much you love her, how much you have done for her, or how much she loves you now, she is still people's daughter, how can you occupied people's daughter to become yours? No matter what, you are not mama. To all the baby sitters in the world, are you going to do that?

@x-man, you can protect your friend but please make sure your friend is worth that? Don't simply bull lie and exaggerate here and let people laugh at you behind.

@mother, I believe the God is taking a nap these few years and one day He will wake up and open his eyes, do not upset and the bright side is with you.

@mother's brother, I think x-man is trying to hint you to pay back 3 years rental since your ex-brother in law needs money to pay the fine.

@all sister brother in the world, please make sure your brother in law will not ask you to pay back the rental when he divorces your sister if you are staying FREE with them now.

What's happening here? Everyone talking family matter and fighting each other to protect their friends here... is really funny... Malaysia boleh!
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answered on Sep 26, 2010 at 21:22
by   Better Wife
edited Jun 7, 2016 at 07:34
 
Mud starts flying and some pretend to be neutral but like @Gehpochi is trying to hit at LSS and this can only mean you take side because you say TSS was helping LSS pay his debts for 10 years before Bi-Anne was born.

Lets look at the facts again and please stop throwing mud into Bi-Anne face.

1. Mother left child because friend advises her to leave. Means stupid friend causes current problem?
2. Aunty raises child up. So aunty become selfish?
3. Mother not working as Manager? I say difficult to raise a child in UK based on restaurant salary plus tips.
4. Very IMPORTANT here is Bi-Anne doesn't want mother. This is the main issue which must be solved if mother wants to have a happy whole child that has no bitterness.

If anyone is to be blamed I would blame on both Bi-Anne's grandparents for not using the cane and wack both LSS & TSS which has made Bi-Anne to suffer today. Now please don't anyone start throwing mud at the grandparents!

My advise to mother is to come back to Malaysia and you can get a job in any large restaurant. Why can't you leave UK is what concerns me as to what roots you have taken in UK. Father has no skill which he can use in UK unless UK need urgently Car Re-possessor. Come back and get close to Bi-Anne if you love her. How many more years have you got? Bi-Anne has a whole future with her. You force your plan on a child and the child will be emotionally damaged for the rest of her life and you will not be around to clean it up.
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