Mother Breaks Into Tears As Court Orders Release Of Children After 3 Years Of Separation
The 34-year-old has been fighting for sole custody of her children since her ex-husband took them away from her in 2019.
By May Vin Ang — 21 Feb 2022, 04:07 PM
Single mother Loh Siew Hong will finally be reunited with her three children — two 14-year-old twin girls and a 10-year-old boy — after three years of fighting for their custody
According to New Straits Times, the Kuala Lumpur High Court ruled today, 21 February, for the immediate release of the children to the Penang-born mother from the care of Perlis state's Social Welfare Department (JKM).
The ruling came as Justice Collin Lawrence Sequerah allowed the habeas corpus application filed by Loh against respondent, Islamic non-governmental organisation (NGO) Hidayah Center Foundation operator Nazirah Nanthakumari Abdullah, for the alleged unlawful detention of her children.
Loh, her children, and Bagan Dalam assemblyman Satees Muniandy (left), lawyer Shamsher Singh Thind (back), and Seberang Perai councillor P David Marshel (right).
Image via David Marshel (Facebook)The 34-year-old mother had been unable to see her children for the last three years after her ex-husband allegedly abused her and took them away while she was in a hospital for the injuries
Fighting for sole custody of her children, Loh had divorced Nagashwaran Muniandy on 19 March 2019 and obtained interim custody of them in July of the same year.
Malaysiakini reported that she later won full custody of them in December 2021.
However, by then, the mother had no idea where her children were, and her estranged husband had been arrested and sentenced to two years in jail over a drug offence.
She eventually learnt that they were sent to Hidayah Centre Foundation, an NGO for Muslim converts, who reportedly initially refused the mother from seeing her children.
She also learnt that all three children, who were born Hindus, were unilaterally converted to Islam by their father without her knowledge.
At the Kuala Lumpur High Court this morning, judge Collin Lawrence noted there was an existing court order dated 31 March 2021 that already granted Loh sole custody of her three children
"There was also earlier an interim ex-parte order dated 20 December 2019, which granted sole custody, care, and control of her children to the applicant," he said during the proceedings, as quoted by The Star.
"The court orders still stand [and are] still valid. The court orders are not to be treated with impunity upon the face of contempt of court."
"By the reason that the court orders still stand, therefore, I allow the application of writ of habeas corpus."
"The three children are to be released forthwith into the sole custody, care, and control of the applicant."
Loh, who was seated in the public gallery, broke into tears as she heard the decision
Her children were present in an adjacent witness room in court as the decision was delivered.
Meanwhile, lawyer Aidil Khalid, who represented the respondent, said that there was never an issue of illegal custody by his client as Loh had previously consented for her children to be handed over to JKM.
He also said attempts were made to allow Loh to see the children at the centre but they did not meet due to problems out of his client's control.
Malaysiakini reported that Loh, a Hindu Chinese, also intends to challenge and nullify the Islamic conversion of her three children in a separate court action.
