Low Hop Bing J:

Applications

[1] Before me are two enclosures, viz (1) and (5) filed by the plaintiff husband ("the husband") for guardianship, custody, care and control of the two sons of the marriage, named KH aged 5+ and KW aged 4+ ("the children"); or alternatively liberal access as follows:

(a) weekly, for overnight stay, from Friday 6pm to Sunday 6pm with the husband fetching the children and returning them to the house of the defendant wife ("the wife") before and after the access;

(b) half of the school holidays when the children subsequently attain their school-going age respectively;

(c) every Chinese New Year season, from 5pm on the eve thereof to 6pm on the second day thereof; and

(d) every other public holiday from 10am to 6pm thereof commencing from the date of the order herein.

Facts Of The Case

[2] The parties were married on 17 March 1996 and were blessed with the children, on 22 November 1997 and 27 February 1999 respectively. They stayed in a rented house at No 34, Jalan Murni 8, Taman Mas Merah, Melaka. However, when the parties separated on 21 December 2001, the children were living with the wife in Melaka at all material times, while the husband lived alone in