Welfare of children is paramount in custody and relocation matters, influenced by educational prospects and familial support.

(Enclosure 77)

[1] This is an application by the Husband Petitioner/Respondent for injunctive reliefs under s 101 of the Law Reform (Marriage and Divorce) Act 1976 (Act 164) and r 3 and 77 of the Divorce and Matrimonial Proceedings Rules 1980 for inter alia, the following orders:

1. An injunction be granted restraining and/or prohibiting the above named Petitioner, JULIETTE LOH SEAN YAR (NRIC NO.: 811008-05-5364) by herself, her servants, employees, agents and whomsoever acting for and on her behalf, and in whatever capacity, from taking and/or removing the following children, namely:

(a) ABIGAIL CHIO MENN LYNN (f) (NRIC No 091208-12-1482), born on 08 December 2009, and now almost 13 years old; and

(b) ABNER GERARD CHIO JUN HEE (m) (NRIC No 140112-12-1259), born on 12 January 2014, and now almost 9 years old;

out of Malaysia without the leave of the Court until further order, or until conclusion of the inter partes hearing of this Notice of Application against the Petitioner;

2. an order that the Petitioner do immediately upon the making of the order herein surrender the Malaysian Passports of the 2 children, namely:

(a) ABIGAIL CHIO MENN LYNN (f) (NRIC No. 091208-12-1482), born on 08 December 2009, and now almost 13 years old; and

(b) ABNER GERARD CHIO JUN HEE (m) (NRIC No. 140112-12-1259), born on 12 January 2014, and now almost 9 years old; to the Court until further order.

[2] The grounds of this application are as follows:

(a) that unless restrained, the Petitioner will relocate the two (2) children to Singapore out of Malaysia and out of the jurisdiction of this Honourable Court on 13 November 2022 in breach of the Decree Nisi For Dissolution Of Marriage dated 28 July 2020 [Enclosure 71]; and

(b) that the Petitioner has not obtained leave to do so from this Court pursuant to s 101 of the Law Reform (Marriage and Divorce) Act 1976 .

[3] The Petitioner opposed Encl 77 mainly on the ground that she had been offered a high salaried job by Citibank Limited, Singapore and it is in the best interests and welfare of the children that they relocate to Singapore with the Petitioner. For this purpose, the Petitioner applied via her Affidavit in Opposition for leave to bring the children out of Malaysia pursuant to s 101 of Act 164.

Background Facts

[4] On 16 August 2008, the Petitioner and the Respondent registered their marriage.

[5] On 24 January 2019, the Petitioner filed for divorce and prayed for the sole custody and care of the Children to be granted to her. The Respondent contested the divorce proceedings and prayed for sole custody and care of the Children to be granted to him.

[6] Trial of the divorce started on 20 August 2019 and ended on 06 March 2020.

[7] On 28 July 2020, the High Court at Kota Kinabalu granted a Decree Nisi for Dissolution of Marriage ("the said Decree Nisi"). The Honourable High Court Judge, Yang Arif Datuk Mairin Bin Idang @ Martin ("the Honourable Trial Judge") granted the sole custody and care of the Children to the Petitioner (See: (a) Exhibit "TC-1", the said Decree Nisi and (b) Exhibit "JL-1", the Grounds of Judgment dated 19 November 2020).

[8] It was also ordered that "the Respondent shall have the Children with him once in a month from Friday (after school) till Sunday and to bring back the Children to the Petitioner's house at 7.00pm. Respondent's access to the Children during school holidays is to be agreed by both the Petitioner and the Respondent. For overseas holidays, both Petitioner and Respondent shall give their respective consent." ("the Order (c) of the said Decree Nisi")(See: Exhibit "TC-1", at page 15 of the said Decree Nisi).

[9] On 15 February 2021, the High Court granted the Certificate Making Decree Nisi Absolute cert