TUTORIAL 10

GUARDIANSHIP AND CUSTODY

1. Raja and Lucy have been living together for 4 years. They have a child, Mark, aged 2
years old. One day, after a quarrel Lucy left the house. After several weeks she
returned to collect her belongings as well as Mark who has been crying for her since she
left. Raja refused to let Lucy take Mark. Lucy now wishes to know how she can get
custody of Mark. Advise Lucy.

2. When May and Hwang obtained their divorce by mutual consent in February 2018, May
agreed to let Hwang have custody of their daughter Lin who was then 2 years old. May
had so agreed because Lin was attached to her grandmother, Hwang’s widowed mother,
who lived with Hwang. Furthermore, May intended to get a law degree from the
University of Malaya so as to be able to get a good job to support herself and Lin.

At the University, May met John Thomas, a visiting professor from Canada, and not long
after, the couple was married. When May was in her third year at the University, Hwang
remarried. The new Mrs. Hwang could not get on with Hwang’s mother so she put her in
an Old Folks Home. When May heard of this she rushed to Hwang’s house to find out
who was looking after Lin.

Although May had not seen Lin since her divorce, the child took to her immediately. May
felt that Lin was terrified of Mrs Hwang but despite all efforts to find out what was going
on in the household, May did not learn anything.

May believes that Lin is being ill-treated and is determined to take her away. She
wishes to know if she can get custody of Lin and what is the best way of doing so.
Advise May.