Custody case to go to full hearing - The Court of Appeal has ordered that an appeal in the custody battle of 11-year-old Low Bi-Anne go to...

Custody case to go to full hearing
By NURBAITI HAMDAN
nurbaiti@thestar.com.my

PUTRAJAYA: The Court of Appeal has ordered that an appeal in the custody battle of 11-year-old Low Bi-Anne go to a full hearing after mediation failed.

A closed-door mediation between Bi-Anne and her real-estate negotiator father Low Swee Siong, 41, and her London-based restaurant manager mother Tan Siew Siew took place here via video-conferencing yesterday.

Court of Appeal judge Justice Low Hop Bing, who was present during the mediation, then fixed Feb 16 for all appeals in the case to be heard before a three-man panel after both parties could not come to an agreement.

Bi-Anne emerged from the 90-minute mediation at 6.15pm teary-eyed and glum.

Co-counsel Pushpa Ratnam, who represented the father, told reporters that Tan had suggested that Bi-Anne spend six months with her in Britain and six months with Low in Malaysia.

Pushpa said Bi-Anne refused to leave the country.

“The child made her wishes clear that she wants to stay with her father.

“If the mother comes back to the country, Bi-Anne has agreed to spend time with her,” she said, adding that Low had no problems sharing custody provided Tan returns.

When asked whether she would want to stay with her father, Bi-Anne replied: “Forever.”

The couple were married in 1999 and divorced in 2006 with custody of Bi-Anne given to Low but two years later, Tan applied and won custody with Low being given reasonable access.

However, the order could not be executed because Bi-Anne refused to go to her mother.

On Sept 13, 2010, Low was cited by the Family Court for contempt of court and jailed for failing to pay a RM20,000 fine for not obeying the court order to hand over his daughter to Tan.

Low was also fined RM400 for each day he did not surrender Bi-Anne or her passport.

He is now appealing against the contempt order and trying to stay the court orders that include granting Tan permission to take her daughter to Britain.

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