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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 30, 2010 at 15:20
by   peanuts
edited Jun 4, 2016 at 05:44
 
At the end of the day, some of you here are thinking that the child must grow up with the mother. Isn't it important to check the background of the mother to make sure she is not lying? How can people be so stupid and blinded to the facts at hand.

The chief question is: Why did the MOTHER leave the country and accepted the divorce and gave up her marriage as well as the child? What was more important to her than being with her family and raising the child here in Malaysia? This was obviously a stupid decision as now all of a sudden, she wants 'her' child back.

How would anyone of you feel that if you had an adopted child and suddenly the real parents turn up at your doorstep and demand to have their child back after 10 years!! I don't think many of you would understand the pain. Is the girl undergoing some form of trauma by staying with her father? Is the child being treated badly? If the child is being treated badly then I think I will support the mother. Is the child lacking love and attention in the current home? What is wrong with the child remaining with the father? Did the mother think of all this when she left the family to go off?

Some of you here are probably wounded animals in some sort of divorce and custody matter and are unable to cope with the fact that the father is the better parent. Some of you here probably have custody of the child and are still venting their frustrations as to why they couldn't mess up their ex-spouses lives further.

Any one can be a good parent, be it male or female. All it takes is dedication and love! I know of single parents who leave the child with someone else so that they can continue to have their fun in life.

Just go to some of the local pubs and you will hear some interesting stories told by the ladies of the night! Even some men share this tale of despair. I am for the parent be it male or female. I am for the parent who is prepared to sacrifice their own well being for the sake of the child. I am for the parent who is honest and truthful and thinks of the child's best interest at all times. I am for the parent who has removed their own selfish desires and is prepared to sacrifice themselves for the sake of the child.

So stop griping and start using your brains to think clearly! It is important to judge a persons character to make sure the girl doesn't end getting discarded again. The mother clearly left the family and discarded her child.

The father is now doing everything to make sure he continues to care for the child. This man deserves my utmost respect and gets a pat on the back. How many parents would do this when push comes to shove? This is a man who is spending money and time to make sure that the child has a good home to live and the mother keeps coming back to disrupt the live of the child. What kind of mother is this? She is only doing this to hurt the child further and make the child hate her more and more. The father has sacrificed a lot for this child and this a great father! May God bless him and all other single parents who are prepared to sacrifice their own well-being for their children's sake.

To the people who can't see this, it's just too bad. You may continue to be an ostrich and keep your head buried in the sand forever.
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answered on Oct 1, 2010 at 00:35
by   Roos
edited Jun 4, 2016 at 06:04
 
Well said Peanut, with your kind of aptitude you are definitely fit to be a Family Court Judge, by the way are you. It so sad to have people in power who are blind to the "going-on" in society of today. It's so sad to see lawyers only thinking for their pockets. It's so sad to see the government and the administration of justice so lackadaisical to the problems in society. Thanks to forums like this, we can bare open the can of worms. And those of you who cannot face these hard facts (I see many even reporters) can get confused.
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answered on Oct 1, 2010 at 19:27
by   TransParent
edited Jun 4, 2016 at 06:07
 
This is a fine example of how Injustice can be so so blatant.. They have eyes but they cannot see... They have ears but don't want to hear.. but they have a long arm. Only God can help all of us in this country as there is on clearly injustice when the law gone blind.
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answered on Oct 4, 2010 at 14:06
by   JointP
edited Jun 4, 2016 at 06:08
 
The legal system in Malaysia is really in a sad stage. Lawyers are afraid of judges as lawyers need to earn the "respect" of the judges. Each judges will have their own definition of "respect" after all they are only humans.

Respect could be from a whole lot of definition and one of them is not to lose face. 

Lawyers and Lawyers also need respect. This is after all another industry defined as business which either make profit or loss. Then again who wants to make lose?

Look at all the high profile cases jumping in Malaysia and a poor 11 year old is made to suffer because of the Malaysian Legal System.
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answered on Oct 4, 2010 at 14:18
by   Better Wife
edited Jun 9, 2016 at 07:57
 
I am still waiting for answers from 'gehpochi' and friends to help me study the methods of forcing a child to go to school. If you can do it without breaking any bones, without slapping, without locking her up and without starving, I am sure the world would like to learn from you.

There are so many people who did not want to go to school and are school drop outs and I am sure the parents have made all efforts except the above, to force their children to go to school so please tell me what are the available methods available to me?

Children have Rights and their Voice need to be heard and I hope Judges will not think children today are like them 30 years ago.
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answered on Oct 15, 2010 at 15:32
by   ROOS
edited Jun 9, 2016 at 08:04
 
Say whatever you like...

The greatest losers are
No.1 The poor little girl
No.2 Both her parents
No.3 Loved ones and those who care

The greatest winners are
No:1 Lawyers who washed their hands on the case
No.2 Lawyers from both sides
No.3 The people in Judiciary from the guards, clerks right to the top

The winners are all earning their money and happy doing their job without any emotional attachment... Some even laughing all the way to the banks...

The losers are some of you who are even reading this page right now...

The legal system does not care even the slightest bit... that's human rights for you... Any ministry that professes that we are a caring society are just barking at the wrong place. Wake-up... it's time you take a stand and be brave for what you believe in... i.e. Justice and Fairness.. otherwise do go to court... you will not get it there... Go to your church or temples instead... God listens... not the judiciary.
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answered on Oct 15, 2010 at 15:50
by   Roos
A better statement here would be Law gone blind, deaf, dumb or feel.. But it does really TASTE.. i.e It taste good for those in the legal profession... Become a lawyer.. Who said it was the worst profession... Tell your poor kids to become Lawyers an be like the irresponsible uncaring stooges in courts of today.. Malaysia boleh!
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answered on Oct 21, 2010 at 13:51
by   Money
edited Jun 4, 2016 at 06:23
 
We have Family lawyers who aggravate the dispute today. Some are even from the Family Law committee who are abusing their powers over their own client by simply demanding excessive fees in the midst of ongoing custody case. These little Napoleons in the legal profession are setting bad examples. It's very common for such senior lawyers to demand huge payments somewhat like ransom their troubled clients.

The public should be aware of such lawyers in the profession who are setting a bad name for the profession. It's malpractice and the judiciary is not aware of. The only recourse for the public is to lodge a complaint with the Bar Council, these bad apples also belong to or have associates in such committee too.. That's the only truth you will get today.. Beware and be fore warned about these vultures in society today.

These lawyers are no saviours or angels as they first cleverly portray themselves to be to get your case i.e. only if you show them you have money or wearing expensive clothes, watch or car.
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answered on Oct 22, 2010 at 20:59
by   Desperados
edited Jun 4, 2016 at 06:26
 
I just completed my research on family court cases. Guess what the lawyers handling family cases in Kuala Lumpur are the worst lot. These desperadoes will be prepared to sell their clients to the other side for money. Got to talk to many clients in privacy.
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answered on Nov 2, 2010 at 03:17
by   3838
edited Jun 4, 2016 at 06:44
 
What is your opinion about this case?

The father moved part of his belongings and terminated the tenancy that they have rented together (half-half basis). That time the baby girl is only 4 months old. So, the wife moved out with the baby and applied for divorce. Now the baby is 2 years plus and during that period (start from 4 months) the father never ever call or find to ask about the baby welfare although he knew his wife mobile number and work place. When asked by marriage tribunal counselor, his answer is the wife changed number which in fact NO. He is busy working, no time to find them. He didn't even keep in touch with the baby and wife until recently they went for mediation with judge. Surprisingly, the father is fighting for the child custody! Although been told by the judge that the custody for child below 7 year will goes to mother, this father still didn't agree to give the custody to his wife. He rather go for full trial which is costly and take long time.

Do you think he deserved the custody? His motive is just want to torture his wife mentally.
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