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HIGH COURT MALAYA KUALA LUMPUR
JOY – Appellant
Versus
GIA – Respondent
| Table of Content |
|---|
| 1. establishment of custody and visitation orders. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 2. principles governing stay applications and the burden of proof. (Para 15 , 16 , 18 , 19 , 20) |
| 3. claims regarding children's mental well-being and external influence. (Para 23 , 30 , 34) |
| 4. importance of evidence in mental health evaluations. (Para 24 , 25 , 26 , 27 , 28) |
| 5. denial of stay emphasizes children's bonding with both parents. (Para 38 , 44) |
Introduction
[1] This was an application ("this Application") by the Defendant-Wife in enclosure 136, for a stay of execution of the terms of the court order dated 18 October 2019, which was varied on 19 September 2023, pertaining to the Plaintiff-Husband's access to the children of the marriage.
[2] To protect the privacy of the parties, and due to the sensitive nature of the issues involved, the Plaintiff and Defendant have been anonymised in this judgment as JOY and GIA, respectively.
The Factual Background
[3] The Plaintiff (an Indian citizen), and Defendant (a Malaysian), (collectively, "the Parties") were married in India in July 2012, and two daughters ("the Children"), were born in February 2015 and January 2018 r
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