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Custody bid in Malaysia court fails. |
Grandparent: Kidnap claim mischievous and designed to embarrass
A PERTH woman trying to get back her two children from a previous
marriage was dealt a blow yesterday by the High Court in Kuala Lumpur.
Jane Day, 33, of Wilson, had sought an interim custody order for Alison
and justin Chan, aged 3 and 4, whom she alleges have been taken by her
parents in Malaysia.
But the court decided yesterday that the matter should be dealt with on Labuan Island, off Sarawak, where the grandparents live.
Mrs. Day said from Labuan yesterday she was very upset with the
decision. It meant she had to start all over again with the new action
in Labuan. The High Court bid had cost her and her husband, Geoffrey,
about $10,000.
"Every day is money and the worst thing is you don't even know if your children are here or not," she said.
The Days arrived in Labuan at the weekend in a bid to find her children
and bring them home to Perth. Mrs. Day is their legal custodian.
She alleges that after a disagreement while visiting her parents with
the children in Labuan in May, they threw her out of their house,
keeping the children and their passports.
At that time, Mrs. Day was separated from the children's father, Hong
Kong resident Alan Kwong Lun Chan, and had started a relationship with
Geoffrey Day, a Perth nursing assistant whom she married in December.
Mr. Day said yesterday that a rumour that the children were now in Hong
Kong had upset the couple further after the court disappointment.
Their financial situation also was dire.
"Financially it's crippling us," he said.
Mrs. Day's parents, Peter Chin and Christina Woo, were not available for comment at their Labuan home last night.
The Daily Express newspaper in East Malaysia reported yesterday that
Mr. Chin had claimed that Alison and Justin had left for Hong Kong with
their father.
The paper also said that Mr. Chin had brushed aside Mrs. Day's claim
that the children had been kidnapped, saying it was mischievous and
designed to embarrass his family.
The paper also said that Mr. Chin had said that kidnapped children
normally would not be sent to school but that Alison and Justin had
been attending classes.
Mr. Chan had not wanted the children to be with Mrs. Day because she
was not financially able to look after them, the paper said Mr. Chin
had claimed.
Mrs. Day said she was financially capable of looking after the children.
Mr. Day said he felt angry that the couple's fear that the children
would be taken out of Malaysia had been dismissed as unfounded during
yesterday's High Court hearing.
SOURCE: The West Australian Newspaper
Friday April 6, 2001
By Julie Butler
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