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2024 MarsdenLR 1539

MAGISTRATE COURT KUALA LUMPUR
DEPARTMENT OF SOCIAL WELFARE FEDERAL TERITORY OF KUALA LUMPUR – Appellant
Versus
KBK & OTHER CASES – Respondent


Petitioner Advocates:Raja Norul Fazzilla Raja Halim ,Respondent Advocate: Bernard Francis

JUDGMENT

Nur Farahain Roslan M:

A. Introduction

[1] The birth father and birth mother in these applications are divorced. On 19 March 2024 the Department of Social Welfare, Federal Territory of Kuala Lumpur (hereinafter referred to as 'the DOSW') filed in an application under s 17(1)(b) of the Child Act 2001 for both children (hereinafter referred to as 'case 348' and 'case 349' respectively) on the basis that the children have been emotionally injured and their birth mother, knowing of such injury, has not protected the children from such injury.

[2] Upon consideration of the medical report and the police report No Repot Kajang/01128/24 attached with the DOSW's applications, I granted an Interim Order for the children to be placed in the care of their birth father pending the report to be produced by the Protector from the DOSW as required under s 30(6) of the Child Act 2001 on the same day.

B. Parties

[3] Initially, the parties in the current application that was before this court were only the DOSW and the children. However, on 29 May 2024, the birth mother filed in an application to vary the Interim Order given by this court (hereinafter referred to as 'case 627'). As these appli


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