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2023 MarsdenLR 567

HIGH COURT SABAH & SARAWAK KOTA KINABALU
JULIETTE LOH SEAN YAR – Appellant
Versus
TIMOTHY CHIO TZE KIN – Respondent


Petitioner Advocates:Victoria Chee ,Respondent Advocate: Lim Pitt Kong

Table of Content
1. injunction for children's relocation must prioritize welfare. (Para 1 , 2 , 3)
2. parties dispute custody rights with implications for relocation. (Para 17 , 19 , 21)
3. children's best interests dictate relocation possibilities. (Para 49 , 51)
Leonard David Shim J:

(Enclosure 77)

[1] This is an application by the Husband Petitioner/Respondent for injunctive reliefs under s 101 of the Law Reform (Marriage and Divorce) Act 1976 (Act 164) and r 3 and 77 of the Divorce and Matrimonial Proceedings Rules 1980 for inter alia, the following orders:

1. An injunction be granted restraining and/or prohibiting the above named Petitioner, JULIETTE LOH SEAN YAR (NRIC NO.: 811008-05-5364) by herself, her servants, employees, agents and whomsoever acting for and on her behalf, and in whatever capacity, from taking and/or removing the following children, namely:

(a) ABIGAIL CHIO MENN LYNN (f) (NRIC No 091208-12-1482), born on 08 December 2009, and now almost 13 years old; and

(b) ABNER GERARD CHIO JUN HEE (m) (NRIC No 140112-12-1259), born on 12 January 2014, and now almost 9 years old;

out of Malaysia without the leave of the Court until further order, or until conclusion of the inter

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