KUALA LUMPUR (June 12): The High Court will hear Perlis Islamic Religious and Malay Customs Council's (MAIPs) application to vary the custody order given to single mother Loh Siew Hong on Sept 27.
Confirming the matter, Loh's counsel J Gunamalar told The Edge that the date was set following a case management last week.
High Court judge Hayatul Akmal Abdul Aziz will now preside over MAIPs' application to vary the custody order given to Loh over her three underaged children who were unilaterally converted by her ex-husband to Islam.
In June last year, High Court judge Evrol Mariette Peters had dismissed MAIPs' leave (permission) application to intervene in Loh's divorce proceedings. She ruled that the state religious body failed to show that it was an interested party in relation to the three children; twin girls who are now 14 years old and a boy who is now 11.
However, in February this year, the Court of Appeal (COA) allowed the religious body's appeal to intervene in Loh's divorce proceedings, making the council a respondent in the matter and paving the way for them to vary the custody order given to Loh.
In its application to vary the custody order, MAIPs is seeking, among others, supervised access to the children twice a week for guidance and basic religious education, and to take them to observe Islamic celebrations.
Loh is also appealing the COA decision to allow MAIPs to intervene and her leave application hearing has been set for July 6.
She filed for divorce in December 2019, and the divorce was finalised in September 2021. In March 2021, she secured a final court order giving her full and sole custody of her children.
Despite this, she claimed that her children were kept from her. She was finally reunited with them when the High Court granted her habeas corpus application in February last year.
Separately, Loh is also appealing the High Court's decision last May which dismissed her bid to challenge the unilateral conversion of her three children to Islam.
High Court judge Datuk Wan Ahmad Farid Wan Salleh ruled that the three children had not stopped professing the religion of Islam even under Loh's care.
He also said that there was no evidence before him to indicate that the children have reverted to the Hindu religion.
Thus, for the welfare of the children, the High Court judge ruled that the status quo ought to be maintained.
It is understood that the full grounds of judgement is yet to be ready and a case management has been set for June 22 to update the court on the matter.