2006 12: Children's Court orders 3-year old returned to parents

The Star online. Nation. Friday December 15, 2006

KUCHING: The Children’s Court here ordered a three-year-old girl, an alleged victim of child abuse, to be returned to her natural parents, turning down an application by lawyer-cum-politician Dominic Ng for custody.

Magistrate Maris Agan made the ruling after hearing the recommendations of a Welfare Department protection officer.

The child will be returned to her natural parents on the conditions that the parents enter a bond of RM5,000 each and bring the child to interactive workshops organised by the department.

The bond and workshop attendance must continue until the child is in Primary One.

In addition, the protection officer is to ensure the child’s safety through regular visits and supervision.

Agan said the court was of the view that because the child’s parents had not been charged for any criminal offence, it would be prejudicial to take custody away from them.

"The best interest of the child is not measured by physical comfort alone."

“Although Ng has a good record and is prepared to take care of the child as his own, it is still in the best interest of the child to live with her parents.

“There must be criminal proceedings under the Penal Code against the parents to deprive them of their right,” he said.

He added that it would be good for the child to receive care and attention from her natural parents.

Ng, the Parti Keadilan Rakyat (PKR) assemblyman for Padungan, had applied for custody of the girl under Section 30(1)(a) of the Child Act after her mother and grandmother allegedly abused her.

The girl, who had bruises on her body, was taken to the Sarawak General Hospital here on Oct 9 by police acting on a public tip off.

She was then handed over to the Welfare Department and placed at the Children’s Home in Sri Aman.

Girl goes back to the care of her parents
The Star online. News. Courts. Saturday December 16, 2006

KUCHING: The Children’s Court here ordered a three-year-old girl, an alleged victim of child abuse, to be returned to her natural parents, turning down an application by lawyer-cum-politician Dominic Ng for custody.

Magistrate Maris Agan, made the ruling after hearing the recommendations of a Welfare Department protection officer.

The child will be returned to her natural parents on the conditions that the parents were to enter a bond of RM5,000 each and to bring the child to interactive workshops organised by the department.

The bond and workshop attendance must continue until the child is in Primary One.

Agan said the court was of the view that because the child’s parents had not been charged for any criminal offence, it would be prejudicial to take custody away from them.

“The best interest of the child is not measured by physical comfort alone,” he said.
Ng, the Parti Keadilan Rakyat (PKR) assemblyman for Padungan, had applied for custody of the girl after she was taken to the Sarawak General Hospital here on Oct 9 by police acting on a public tip-off.