Bi-Anne’s custody case: No stay pending outcome of mediation

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PUTRAJAYA: The father of a 11-year old girl caught in a custody tussle failed in his bid yesterday to obtain an interim stay on a High Court’s decision to order him to hand over the child to his ex-wife pending the outcome of a mediation process, which is to take place on Jan 21 next year.

Court of Appeal judge Datuk Ahmad Maarop chairing a three-man Court of Appeal panel instead ordered the interim stay application brought by the 40-year old real estate negotiator, Low Swee Siong, be heard after the completion of the mediation process.

The quorum also refused Low’s application for an interim stay on a RM400 daily fine imposed on him pending the hearing of the mediation process.

The fine was imposed on him by the Kuala Lumpur High Court for each day of delay in handing over Bi-Anne to her mother Tan Siew Siew, a restaurant manager based in London.

One of Low’s counsel, Ravi Nekoo told reporters outside the court that following today’s decision, Low would have to continue paying the RM400 fine for each day of delay until the mediation process.

He said Low had paid a total of RM52,000 (inclusive of a contempt-of-court RM20,000 fine ) to the court since the High Court made the order on Sept 13 this year.

On Dec 3 this year, mediation judge Datuk Wira Low Hop Bing set Jan 21 next year to conduct the mediation process between Low and Tan via video-conferencing  after the child’s mother said she was unable to come to court because she has exhausted all her leave.

The panel today accepted a preliminary objection raised by Tan’s lawyer K Bowanes to adjourn the hearing of the stay application unitl after completion of the mediation process.

She said there was no grounds for Low to seek for an interim stay because Bi-Anne was still with him (Low) and that he was also holding her passport. She said Tan has been deprieved of the child since 2008.

Sulaiman Abdullah, another counsel for Low, earlier had submitted that the court should hear Low’s stay application because he said the mediation process would be foiled if Bi-Anne was taken out of the country.

“She (Bi-Anne) has a constitutional right to stay in the country and a constitutional right to study here until the mediation is heard,” said Sulaiman who described Bi-Anne as a very determined child.

Bi-Anne, who would be in standard six next year and aims to be a photographer when she grows up, said she was not so scared in court today because her father was beside her.

Bi-Anne has refused to be with her mother in London, who in 2008 succeeded in getting custody of the girl.

Instead, she insisted she wants to be with her father.

The couple were married in 1999 and divorced in 2006 with custody of Bi-Anne given to the father.

Two years later, Tan, 37, applied for and won custody while Low was given reasonable access.

Low was fined RM20,000 by the High Court on Sept 13 this year for disobeying a court order that he hand over Bi-Anne and her travel document to his ex-wife.

He was also ordered to pay a fine of RM400 for each day of delay in handing over the girl to Tan. — Bernama