JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] This was an application ("this Application") by the Plaintiff husband for, inter alia, sole guardianship, custody, care, and control of the three children of the marriage.

[2] In the interest of privacy, and considering the sensitivity of the issues in these proceedings, the three children of the marriage have been anonymised in this judgment as END, EEL, and ENo respectively.

The Factual Background

[3] The Plaintiff, an IT Director currently based in Malaysia is an American citizen, whilst the Defendant, a Malaysian citizen who is a swimming coach and a competitive swimmer, were married in 2013. There were three children in the marriage, namely, ENO, 5 years old, EEL, 8 years old, and END, 12 years old, ("the Children"), although it was undisputed that END was not the biological son of the Plaintiff.

[4] By August 2021, the marriage had broken down and in September 2021, the Defendant had left the matrimonial home with the Children, after obtaining an interim protection order against the Plaintiff from the Kuala Lumpur Magistrate's Court. The interim protection order was subsequently discharged in January 2022.

[5] On 30 September 2021, t