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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 26, 2010 at 23:20
by   x_man
edited Jun 7, 2016 at 07:40
 
@spiderman, very powerful? Ask TSS to leave LSS and child... and can ask the mother not to want the child and say LSS is not a good father.

So now the problem is you are playing from behind... make TSS and LSS fight. Why you do like this?
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answered on Sep 27, 2010 at 14:53
by   gehpochi
edited Jun 7, 2016 at 07:59
 
Dear 'better wife', 'gehpochi' never said she is neutral, obviously she always side the mother. The only one trying to act neutral is you.

Look at your facts:

1. Mother left child.
Mother never left the child, she left the husband not the child. She had all the communications with the child until the auntie ask the child, 'You want her or me?' the child been asked to choose, of course, without further consideration, the child choose the auntie and 2 years ago the auntie cut off all the communications, that's called mother left child?

2. Auntie raises child.
No one said the auntie selfish, but she is not generous enough. She gives out the love, and she wants her love got pay back, to make the child hers and please make it clear, auntie raises the child means she pay all the child living expenses? or she just baby sit the child? How can a baby sitter influence a child to that extend?

3. Mother not working as manager.
Proof has been showed. Go ask the lawyer.
Why 'better wife' keep questioning the income of the mother? Did the father show his income? Neutral as 'better wife', did you question the father's income? Further more now he is going to pay the RM400/day fine, how is he going to raise the child? or his income is not important because he is not going to raise the child where the auntie pay up all the living cost?

4. Bi-anne don't want mother.
Come on 'better wife', you know deeply how Bi-anne don't want her mother. She only wants her auntie. Did you ever ask Bi-anne if she wants her father? You guys keep saying respect the child, follow the child wish. Why don't you say respect the auntie, follow the auntie wish? I'm not throwing the mud to the child, but you have to agree with me, what the child does or did is just to please her auntie. If the auntie now ask the child to go to UK, please tell me, do you think the child will go? Please stop acting, people who knows the story know all these. You can lie to the media lie to public, please don't lie in front of people who knows the fact and don't ever mention the FACT.

'better wife', there are 2 types of busybody to support the father, 1 is know nothing and support blindly. 1 is like you, know everything but still open big eyes and lie.

If x-man is your good friend, please tell him to stop making fool here.

Everyone here is just like me, too free and meddle around people's family issue. Of course I can tell more about the father and the auntie just to hurt them, and I'm sure you guys can tell the mother's past to hurt her as well, who do not have their past? At the end, only the parents and the auntie, and the poor child will be hurt. So what all the busybody here try to help or try to support?

Stop screaming child doesn't love mother, this will only reflect how the child was being raised since she was young and this is not healthy. Do you guys agree with me?
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answered on Sep 27, 2010 at 15:41
by   Better Life
edited Jun 7, 2016 at 08:02
 
I don't see throwing the mud here can help the situation. If any friend of the father or mother here, please encourage them sit down together to discuss about Bi-Anne's future and welfare instead create more and more unnecessary argument here. I don't know what is happening between both parents till hate each other so much but I do know both of them care and love the child and have equal rights on the child even though the custody has been given to the mother.

I hereby urge everyone here to think about Bi-Anne and put more valuable solution to resolve her fear and problem here. Don't you think more you disclose the past of the father or mother is not hurting her? How she going to face all these with her friends or people knows her? We adults here are still arguing and judging her father or mother so how could you so cruel to force this little poor to accept all this? Please bear in mind, this is IT world and she definitely will come across all these news or forum when she goes online. Do you think your act here is helping her or hurting her? Why her family secret need to be expose to whole world?   

No matter how bad her father or mother but the fact is they are her parent which she can't change.
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answered on Sep 27, 2010 at 15:51
by   Better life
edited Jun 7, 2016 at 08:05
 
I am also pleased to everyone here to think about Bi-Anne before you put any comments here.

We are here not to help the parent but Bi-Anne. This little girl who is in fear now and stop hurting her by digging her parent history here. It can't help, did anyone think about her beside her parent?
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answered on Sep 27, 2010 at 17:37
by   gehpochi
edited Jun 7, 2016 at 08:43
 
I totally agree with 'better life'.

No matter 'better life' knows nothing about this case? or he/she pretends to know nothing about this case, she is right. So, to all the adults and children around Bi-anne at this moment, stop using her to reach your destination. Please don't bring her name up to the media or anywhere else you could, to scream in public she doesn't want her mother. Imagine one day when she has her own children, how she going to teach her children about family love?

'better life' or 'better wife', you tried not to against the mother but you know the case is not simple as the child doesn't want the mother. Stop using the name of the child and pretend to fight for the child's right. All the parents here, are you going to tell your children 'Okay, if you don't like study then I respect you, go ahead and play.' When your child tells you he doesn't want to study?

'better life' so kind and ask us stop enclose the parents past so that to stop hurting the child but if you are neutral enough, did you ever question why the father, auntie or family member or friends bring this issue up to public and let the child voice out 'I don't want mother' or even why the NEUTRAL 'better wife' wants to start this topic? I think this is another form of hurting the child as well when the topic started and people start talking about it. She's going to see this even after 20 years.

The intention is simple, the father lost the custody and trying hard to get public support. So, if anyone here knows nothing (like 'better life'), stop saying respect the child and see what's good for the child. This is not that simple. Do you guys think this is good for the child to leave her in the family with full of anger (some one will tell her to hate the mother just because the mother left her for what x-man mention). Is it good for the child to leave her with the auntie who is not her natural mother? What if one day the auntie has her own children? What if one day the auntie divorce and marry another man? This is just an example, please no hard feeling, auntie.

'better wife' or 'better life', stop using the child to ask for public support. This will hurt her as well.
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answered on Sep 27, 2010 at 19:31
by   Better Life
edited Jun 7, 2016 at 09:49
 
@gehpochi, from beginning till now, I totally do not agree to bring the family matters to media or forum because it is hard for public to judge their family problem. I am very sad to see this little girl suffering mental trauma like me from the act of parent and media.

For your information, I am also a victim from the media and terrible parent. I really don't want the same thing to happen to her. Even though my life is better now but I have no more courage to build a family for myself because "FAMILY" this words is already away from me since 10 years old and my desire at that moment is grow up faster and leave both of them as soon as possible. I have not been talking to my mum more than 6 years while living with her. Everyday I just study very hard, hiding from my friends who have been laughing at me and try not to stay home by attending school activities every weekend and stay away from my father from any communication as well. You could not image how is my life during that period but lucky I got my life back after I managed to get my scholarship when I was 19 years old and fly away from these 2 devils but no more dream on "FAMILY". 

Last, I would agree that you are right, the father shouldn't bring this case though media but the this little girl's pain started when her custody case started in court or even much more early when her parent told her their decision.

I can tell you the pain is totally is beyond you imagination and I am here is not to judge the daddy or mummy fault but to ask all of you to stay away from this and let this little girl a space for herself.
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answered on Sep 27, 2010 at 21:20
by   gehpochi
edited Jun 9, 2016 at 06:36
 
@better life, I am sorry for your past. I thought only me so free sit in front of the computer whole day just to meddling in others family issue, seems like you and better wife as free as me also...

Look at the 1st post of 'better wife', what is her intention is very clear, she tried to tell story and make people think 'mother left the child for 11 years, the child cried does not want mommy' which that is not true. Look at how the father's family and friend tried to make story.

You can go and ask the child, I am sure she knows the mother never 'doesn't want her' what she said in the court was taught. After the mother successfully brought back the child, the media started to report this issue, you can see the father on the newspaper everyday crying about the judge being not thoughtful, crying how much the child does not want to go back to the mother. Then all the forum and Facebook starts taking about this issue, 'the mother left the child for 11 years, child cried does not want mother'. The mother never left the child, why the father and his supporter want to create story and don't they ever think this will hurt the child? They are hurting the child in the other form. They used the child to stop the mother from getting in touch with the child. Don't you think this is unhealthy? And is this fair to the mother and the child? The child can choose not to want mommy and daddy, but the mother cannot choose not to want the child, leaves the child here and being poisoned and stop all the communications.

Come on 'better life', the story already started. No matter what's the ending, the child has already been hurt. I think the father should surrender the child as early as possible to minimize the hurt to the child, or even to everyone involved. I am sure when the child goes back to the mother, you can still see her happy face because she is a clever girl and adapts easily to new life. The mother will never stop her from meeting up with her father or her beloved auntie. I think nothing better than to give a new life to the child. After 18 years old, she still can choose to come back Malaysia. By that time she can choose whatever life she wants.

Why the judge granted the custody to the mother, not because they are blind mice, is because they see more than what others can see. They saw both the information submitted then only they come out with this decision. Not as what 'better wife' mention, they granted the custody to the mother because the mother has more money.

Of course everyone should stop commenting here because what they are trying to say is make the story become the fact, like what 'better wife' has done. When a person says 'the mother left the child for 11 years, now the child doesn't want the mother' maybe you will not believe, but when 10 people saying the same thing, you will start believe it. And when 100 people say that, this will become like a fact. I am sure you guys understand what I mean and that's what the father and his supporters are trying to do.

'better wife', I am sure you are reading this, please stop saying you put the child's benefit at the first priority, do you really know what is good for her? Is it let her choose who she should stay with that the best for her?
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answered on Sep 27, 2010 at 23:10
by   Better Wife
edited Jun 9, 2016 at 06:49
 
@gehpochi

Are you saying Bi-Anne must be forced to go with the mother despite openly saying she doesn't want to follow the mother? Are you also saying she must be forced to go to school?

So if Bi-Anne doesn't want to go to school you will cane, slap, starve her until she agree to go to school? Now if Bi-Anne doesn't want to follow mother what should you do? Also slap her, cane her, beat her, starve her and lock her up until she agrees?

Hope you get my point here.
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answered on Sep 27, 2010 at 23:12
by   lagi gehpohchi
edited Jun 9, 2016 at 06:56
 
@gehpochi

If the child got brain but still needs to follows what the thinking in Father and Mother's brain then why the child needs a brain? Why the parent needs the child? A robot well do.

Putting fire on the father or mother even though auntie just to make the situation become more complicated.
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answered on Sep 28, 2010 at 04:07
by   haiz
edited Jun 9, 2016 at 07:10
 
Dear father,

I am sure you are knowing very well this is Malaysia's legal system. Once the custody is granted to mother then it means you already lose unless you could provide evidence to proof that she is not qualified as a mother.

For instance, if you could proof the mother do not have the source of finance as questioning here then this is a point for you to fight further. If not, please forgot above it because it not easy to challenge a law in Malaysia 

Regards to the child refusing to follow the mother is really up to you how to persuade the child if you taught her well I sure she will listen to you instead of by force to follow her mother as mentioned by 'better wife'. Even though the law is silent now beside fine RM400/day for not surrendering the child but how long you want to hide the child unless you run away with this child to other country. Please think wisely.

Dear mother,

I am sure you want to be a good mum that is why you are working so hard to get her back but I would like to advise you to maintain a visiting right for the father before your child hates you. Bringing the child to UK indirectly is taking away the father's visiting right on the child and you are pushing him to the corner. If the girl still wants him now, I only hope he wouldn't hurt the child and himself to end up this case. 

I have no objection for you to bring the child to UK but look like now is not a good timing. Perhaps you should compromise to start your restaurant manager skill in Malaysia because I don't think the father could survive as a car possessor in UK. Please consider.
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