There are times when justice does not seem to be applied with common sense or with dignity, compassion and love in mind.
The case of the teenage who refuses to leave his father and forced to go to her mother because the mum has managed to convince the court that she should be given custody of the child is heart wrenching.
The girl Bi-Anne cried her heart out to be allowed to stay with her father, the man who has literally gone to jail for her because he did not hand her over to the court to be given to her mother; he defied a court ruling and was jailed.
Tuesday September 21, 2010
Dad seeks stay order to stop Bi-Anne from leaving for Britain
KUALA LUMPUR: A real-estate negotiator who lost custody of his daughter to his former wife is applying for a stay order to stop the girl from being taken to Britain.
Low Swee Siong, 40, filed the application for an interim stay order through his lawyer Pushpa Ratnam at the Court of Appeal registry yesterday.
The application was in relation to the orders made by Family Court Judicial Commissioner Justice Yeoh Wee Siam against Low.
Pushpa told reporters that the stay order was needed pending disposal of her client’s appeal at the Court of Appeal.
She said she had filed six appeals for Low at the High Court registry here at 2pm yesterday in relation to the custody battle case.
The appeals were on the Family Court ruling allowing the mother Tan Siew Siew, 37, – a restaurant manager in London – to take their daughter Bi-Anne to Britain; ordering the surrender of the girl’s passport; dismissing Low’s interim access to the girl; finding and convicting him for contempt of court and refusing a stay order.
“The father is the equal guardian. Where are his rights?” Pushpa told The Star earlier.
She said there is an application pending at the High Court to vary the custody order given to the mother.
“The court will not hear this application until the father returns the child to the mother.
“It is not the case where the father does not want to return the child to the mother but it is the child who is refusing to go back to her,” she said.
Pushpa added that the court made the order without speaking to the child and not allowing her to express her wishes.
The couple married in 1999 and divorced in 2006 and custody of Bi-Anne was given to the father but two years later, Tan applied and won custody and Low was given reasonable access.
However, the order could not be executed because Bi-Anne did not want to go to her mother.
On Sept 13, Low was cited for contempt of court and jailed for failing to pay a fine for not obeying the court order.
He was released after a friend paid the RM20,400 fine.
Is the court so impartial? Is the court so strict in applying laws that it forgets the humanity and feeling that should somehow be included?
As a father, it is really heart breaking....