The Kajang's Children's Court today ordered two independent advisers to submit a written report to the court to help it determine whether three children at the centre of a custody tussle need to be placed in a social welfare department home for their protection.

Judge Harmi Thamri ordered that the report be drawn up by two former civil service officers and be handed over to the court before Jan 11, the date for his decision on the custody case.

The children will continue to stay in the welfare department home in Cheras for another two weeks until the report is submitted to the court.

The two girls and a boy, aged between 9 and 15, are embroiled in a tussle between a Malay woman and a Indian woman both of whom are seeking custodial rights.

The Indian woman's husband, a Chinese, had left her to marry the Malay Muslim woman.

The Indian woman is alleging that the three children with her former Chinese husband were unlawfully converted to Islam on March 31 this year and that it was done without her consent.

Her ex-husband died in early March this year and the children had since been staying with the Malay woman.

The Indian mother filed an appeal at the Kuala Lumpur High Court seeking a court order to regain custody of the children when their father passed away in early March. The order was successfully obtained on Sept 5.

Visits to continue

However, three days after the order was obtained - on Sept 8 - the welfare centre initiated proceedings under the Child Act 2001 claiming that the children were in need of protection allegedly on suspicion that they had been abused. At this time, the children were already in the custody of the welfare department.

As the Indian woman's late ex-husband and his Malay wife were staying in Kajang previously, the case initiated by the welfare department was brought to the Kajang magistrate's court. The case was then referred to the Kajang children's court which is temporarily siting in Putrajaya pending renovations to the Kajang courthouse.

Counsel for the Indian mother, Malik Imtiaz argued at today's hearing that the children did not need any protection in a welfare home because their natural mother was present to care for them.

Following Malik's submission, the two court-appointed advisers, Harmi and the children had a private meeting in chambers.

The court has ordered that the names of all parties involved in the case - except for counsel - to remain confidential to protect the identities of the children. The Malay woman and the welfare centre are being represented by Kama Azura. Malik's co-counsel is K Shanmuga.

Both the Malay woman and the Indian woman have been allowed by the court to continue visiting the three children at the home until a decision is reached.