PETALING JAYA: A High Court judge in Kuantan has issued a show cause letter to officers from the Rompin welfare department for taking a child away from the lawful custody of her father.
The nine-year-old girl is embroiled in a custody battle which is pending before the same judge.
Gene Anand Vendargon, a member of the legal team representing the 43-year-old father, said the notice to show cause was issued yesterday.
Justice Zainal Azman Abdul Aziz wants the officers to explain why they took the child away although the department knew the court had allowed a habeas corpus application by the man last Thursday.
The father, who is a rubber tapper and fisherman, had been reunited with the child after seven months.
The court has fixed Thursday for the department’s officers to appear before the judge and give an explanation.
“We will be there to represent the man during the show cause proceeding,” Vendargon told FMT.
He said the officers went to the man’s home at an Orang Asli settlement in Rompin on Sunday and took the child away by relying on a provision in the Child Act.
He said the 36-year-old mother had lodged a police report claiming the child had been abused.
Pekan magistrate Wahidah Zainal Abidin yesterday dismissed the department’s application for temporary custody of the child.
“The officers produced the child before the magistrate in Pekan to obtain a temporary custody order but it was disallowed,” said Vendargon, who appeared with S Kumeraselvam for the father during the proceeding.
The child was then handed over to her father.
The child was born to Orang Asli parents and her birth certificate states that she is not affiliated to any religion.
Vendargon said the couple had divorced according to Orang Asli tribal practice and culture, but the child was under the custody and care of her father.
Some time in October last year, the mother, who had converted to Islam, took the child without the knowledge or consent of the father.
Vendargon said the mother alleged that the child has also converted, although this is disputed. - FMT
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