Child custody case at civil court, not syariah - Pahang lawyer group

The Pahang Syariah Lawyers Association (PPSNP) today urged the public to understand and respect the law when discussing an ongoing custody battle involving an Orang Asli former couple.

The case sees a non-Muslim involved in a legal tussle with his ex-wife over their nine-year-old daughter.

The mother recently converted to Islam with her daughter.

PPSNP chairperson Mohd Rosli Yusoff said they were aware of the public’s concern over the case after a viral video showed the child crying.

The incident occurred when the Kuantan High Court ordered the youngster to be separated from her mother several days ago.

“Since many were confused thinking that the case happened at the Kuantan Syariah Court, we want to stress that the proceedings were at the Kuantan High Court.

“Since a lawyer is representing the mother, we believe the lawyer has and will take the appropriate steps for the interests of the mother and her daughter,” he added.

Rosli also condemned those who spread speculations and baseless accusations against the country’s judicial institutions.

The viral video he was referring to shows the girl in tears as she was reluctant to be separated from her mother.

This came after the High Court issued a habeas corpus order for the girl to be handed to the father on May 25.

The mother’s lawyer Muhammad Amin Anuar told Malaysiakini yesterday that apart from the habeas corpus proceeding, there is a separate battle for the child’s custody.

He adds the custody case is still ongoing and will be heard at the same court before the same judge.

Two days after the court issued the habeas corpus order, the mother reportedly complained to the police against her former spouse for alleged child neglect.

Pahang police chief Yahaya Othman confirmed the police received the report and said the investigation is underway under Section 31(1)(a) of the Child Act 2001.

So far, three witnesses were summoned to give their statements to the police.

It was learned that an NGO called YY Community Centre is running a legal campaign for the mother to get custody of her daughter.

The NGO, which has expressed concern that the girl’s Islamic belief may be at stake under her father’s care, said they were hoping the Welfare Department could take care of the girl until the court decides the case.

Malaysiakini is still gathering more details of the case.

The father’s lawyer Gene Anand Vendargon and the Welfare Department declined to comment when contacted.

On May 29, the department applied to the Pekan Magistrate Court for temporary custody of the girl but was rejected.

The Kuantan High Court also ordered the department to provide a show cause letter by June 1 for taking away the child from her father.

This was because the father was given the habeas corpus order, according to media reports.

'Mediation not the way to resolve interfaith custodial dispute'

Mediation centre for Muslim, non-Muslim disputes mooted

Kuantan High Court to hear Orang Asli challenge over Islam status

Loh's lawyers want release of court papers in conversion case expedited

Loh appeals to quash kids' Islamic unilateral conversion

Loh fails to quash kids' unilateral conversion