For over two years, a mother has endured a harrowing wait for the return of her now four-year-old daughter, allegedly taken by her father in direct defiance of several Malaysian court rulings.
The custody dispute began in early 2023 following the couple’s separation. The High Court initially ordered that the child, then very young, remain in her home state. But during a supervised access session, the father reportedly absconded with the child to another state, violating court directives.
Despite assurances he would return her, he allegedly took the child overseas. Although the mother retained the original passport, evidence later indicated that he had lodged a false police report to secure a replacement travel document.
Over time, the High Court issued injunctions and mandated the child’s return. In 2024, the court awarded the mother sole custody, care and control, permitting only supervised access for the father. Both the Court of Appeal and Federal Court upheld this ruling, with the latter dismissing the father’s bid to reopen his appeal.
Yet enforcement has stalled.
The Immigration Department cancelled the child’s passport following the recovery order, and police confirmed in August that they would execute it. However, there have been no new developments. Travel records suggest that the father, his daughter and relatives have settled in another country, which has issued them residence visas.
A High Court order to detain family members in Malaysia to assist with the investigation remains unexecuted. Letters from the mother’s lawyer to the inspector-general of police, Interpol Malaysia and other authorities have gone unanswered. Interpol NCB Malaysia has also not issued a Yellow Notice for the missing child.
“Every day feels like my daughter is slipping further away,” the mother said, describing the emotional toll of waiting through 26 months of uncertainty, despite the backing of Malaysia’s highest courts.
