MELISSA MARIE ALBERT vs MALCOLM FERNANDEZ & ANOTHER APPEAL

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2018 MarsdenLR 2893

COURT OF APPEAL PUTRAJAYA
MELISSA MARIE ALBERT – Appellant
Versus
MALCOLM FERNANDEZ & ANOTHER APPEAL – Respondent

Petitioner Advocates:Ambiga Sreenevasen,Honey Tan Lay Ean,K Shanmuga,Nasyrah Samir ,Respondent Advocate: M Menon,Puspa Ratnam,Ravi Nekoo,Parvinder Kaur

Table of Content
1. two appeals regarding child custody examined. (Para 1 , 2)
2. overview of the appeals filed regarding custody. (Para 3)
3. allegations and behaviors of parents in their marriage. (Para 8 , 9 , 10)
4. high court ruling on custody and appeal. (Para 11 , 12)

[1] The following two appeals were heard together before us on 23 August 2018 and 4 September 2018:

(1) Civil Appeal No: B-02(A)-1277-06-2018 ("Appeal No: 1277") in respect of encl 1 of the Originating Summons ("OS") which OS was filed by the respondent/plaintiff/father of the child ("father"); and

(2) Civil Appeal No: B-02(A)-1278-06-2018 ("Appeal No: 1278") in respect of encl 48 of the OS.

[2] Both appeals were filed by the appellant/defendant/mother of the child ("mother").

[3] Enclosure 1 was the father's application for, inter alia, custody, care and control (hereinafter cumulatively referred to as "custody") of the child, Marc Aiden Fernandez, to be given to the father with access to the mother, together with other ancillary orders.

[4] Enclosure 48 was the mother's Notice of Application to amend the interim custody Order dated 12 April 2018 where, in respect of encls 4 and 10, the High Court had granted interim cu

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2018 MarsdenLR 2893

COURT OF APPEAL PUTRAJAYAMELISSA MARIE ALBERT – AppellantVersusMALCOLM FERNANDEZ & ANOTHER APPEAL – Respondent

COURT OF APPEAL PUTRAJAYA
MELISSA MARIE ALBERT – Appellant
Versus
MALCOLM FERNANDEZ & ANOTHER APPEAL – Respondent