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2023 MarsdenLR 1425

HIGH COURT MALAYA KUALA LUMPUR
LAD – Appellant
Versus
SAT – Respondent


Petitioner Advocates:Ezane Chong ,Respondent Advocate: Chew Jia Shi

Table of Content
1. background of marriage and child custody application. (Para 3 , 4 , 5 , 6)
2. welfare of the child as paramount consideration. (Para 8 , 9 , 10 , 11 , 12)
3. sole custody awarded based on child's needs. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19)
4. joint guardianship impractical due to distance. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 39)
5. access granted to plaintiff for child. (Para 40 , 41 , 42 , 43)
Evrol Mariette Peters J:

Introduction

[1] This was an application ("this Application") by the Plaintiff husband for, inter alia, joint guardianship, custody, care, and control of the child of the marriage, unsupervised access to the child, and permission to bring the child back to the Plaintiff's current residence in Minnesota, United States of America during the summer and Christmas holidays.

[2] In the interest of privacy of the parties concerned, and sensitivity of the issues in these proceedings, the Plaintiff, Defendant wife, and the child of the marriage have been anonymised in this judgment as LAD, SAT, and DEL respectively.

The Factual Background

[3] The Plaintiff and Defendant (collectively "the Parties") were married in the United States of America (

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