Azizah Nawawi JCA:

Introduction

[1] This is an appeal against the decision of the High Court Judge dated 26 June 2019 dismissing the appellant's Originating Summons ("OS"). The appellant's OS was for an order seeking guardianship, custody, care and control of the appellant's and respondent's daughter, Sophia Sue-Lin O'Brien Knudsen ("the Child"). The second prayer is for the respondent to have reasonable access to the Child.

[2] Having considered the appeal records and the submissions of the parties, this Court has allowed the appeal with no order as to costs. Our decision was unanimous and these are our grounds for allowing the appeal.

The Salient Facts

[3] The appellant is a citizen of Denmark. The respondent and the child are both citizens of the United Kingdom. They are all currently domiciled in Malaysia. Both the appellant and respondent are in the entertainment industry in Malaysia.

[4] The appellant and the respondent are the biological parents of the child. They were in an intimate relationship for approximately ten years. They were never legally married to each other. Their child was born on 4 October 2016 in England, during the course of their relationship. The child i