GEORGE TOWN, Feb 16 — Single mother Loh Siew Hong was legally entitled to take her children from the welfare department’s care using the court order granting her sole guardianship and full custody, care and control of them, said lawyer Rajashree Suppiah.
Rajashree, who had represented Loh back in 2019 when she filed for court order, said the mother was legally entitled to seek the assistance of the police to reclaim custody of her children.
“Nobody can prevent her from taking back her children under her custody, care and control as stipulated in the court order and if any party prevents her from doing so, they are disobeying the court order,” she said when contacted by Malay Mail today.
Loh could also seek assistance from a court bailiff to enforce the court order and return the children under her custody, care and control.
Rajashree said Loh was initially granted the first interim order in December 2019, which granted her full guardianship and sole custody, care and control of the three children who were now aged between 10 and 14.
“This means that she has had full custody, care and control of the children since then and no one else has any rights to the children except her,” she said.
In the interim order, an injunction was also issued against Loh’s ex-husband, Nagashwaran Muniandy, stopping him, his family members, his associates or his agents from attacking, disturbing, meddling, contacting or going near both Loh and her three children.
However, she said the ex-husband refused to comply with the interim order, which led her to file contempt proceedings, after she secured a second order for him to produce the children at the Alor Setar High Court in 2020.
“He disappeared with the children and did not comply with the order and this persisted until the final divorce settlement and full guardianship and sole custody, care and control order was issued in 2021,” she said.
She said Loh has kept fighting to get her children back with her since 2019.
“When she contacted me about finding out that her children were being kept in a home in Perlis, I told her that she has the court order which she can enforce together with the police to get her children,” she said.
She said it was unfortunate that the children were reluctant to follow their mother when they met on February 14 at the police station, even after three years of separation.
“She shared with me that they were ‘brainwashed’ against her and were reluctant to go with her so she had to place them with the welfare department temporarily,” she said.
Rajashree said the fact that Loh let the children stay temporarily in the care of the Perlis Welfare Department did not mean she gave up her full guardianship, custody, care and control over them at any time.
“Placing them in a home under the welfare department can only be considered temporary accommodations for the children so the mother still has every right to take them based on her court order,” she said.
When asked about the legality of the whole issue based on family law, co-chairperson of the Malaysian Bar Council’s Family Law Committee Honey Tan said the welfare department could only bar Loh from visiting her children in limited circumstances under the Child Act, such as pending investigations on suspected child abuse and neglect.
“Otherwise, they will need to obtain a court order,” she said.
She added that if the mother is still refused access to the children by the welfare department, the mother could seek legal recourse by filing an application to the Kuala Lumpur High Court under a Certificate of Urgency.
She said the application of Certificate of Urgency is to seek an early hearing date and to compel the authorities to give the children access to the mother pending the habeas corpus application hearing on February 21.
“It is the children who have the right to have access to their mother. It is in their welfare and best interests that they have contact with their mother since they have been separated from her for more than two years,” she said. - malaymail
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