Ng, Zainurul, Seke & Khoo (NZSK) successfully represented a father—under the conduct of lawyer Khoo Ai Theng—in a highly sensitive and contested child custody dispute involving two young children aged three and two. Through strong affidavit evidence and detailed factual presentation, the Court accepted that the father was the more capable and responsible parent, and granted him custody, care, control and joint guardianship, ensuring the children’s safety, stability, and developmental needs were fully protected.

The father showed that he had been the primary caregiver since the children’s early years, consistently managing their feeding, hygiene, transportation, sleep routines, kindergarten arrangements, and day-to-day emotional needs. In contrast, the evidence revealed that the mother provided limited caregiving and frequently left the children in unsafe conditions.

The affidavit highlighted multiple concerns about the children’s welfare in the mother’s care. These included the children frequently sleeping on thin mattresses on the floor, inadequate supervision at night, injuries such as forehead bruises and leg wounds, repeated insect bites, and lack of proper health management. Photographs and medical documents supported these concerns, demonstrating persistent neglect-related risks.

Of particular importance was the developmental condition of the elder child, who displayed significant speech delay and symptoms consistent with level-two autism due to excessive screen exposure and lack of structured interaction. The father independently sought assessment at a specialised autism and speech therapy centre, which confirmed the need for early intervention. However, the mother resisted therapy, dismissed the diagnosis, delayed essential treatment, and insisted she could “monitor the child herself,” placing the child’s long-term development at risk.

The father also produced evidence that the mother repeatedly allowed unhealthy screen habits, such as prolonged access to a phone or iPad, watching videos while drinking milk, and unsupervised gadget use late into the night. These practices were shown to contribute significantly to the child’s developmental delays and behavioural issues.

Additionally, the father proved that the mother’s family interfered with his access to the children by discouraging contact, creating fear in the children, and restricting visitation for no valid reason. Text messages and video recordings showed the children being coached to avoid the father, disrupting their bond and emotional security.

After evaluating the totality of evidence—including living conditions, parenting practices, medical needs, supervision quality, and emotional stability—the Court found that the father offered a far safer, healthier, structured, and development-focused environment. Accordingly, the Court granted the father custody, care and control, while reserving reasonable access rights for the mother.

This decision highlights the Court’s commitment to prioritising children’s welfare under Malaysian law and reflects NZSK’s strong track record in complex custody cases involving autism, child safety concerns, neglect, and inconsistent parenting practices. It also reflects the effective advocacy of lawyer Khoo Ai Theng, who successfully presented the evidence necessary to secure this outcome.