Judge Evrol Mariette Peters said MAIPs had failed to show the court that they are “required” in the children’s lives.
“The children are not orphans. They do not belong to the community of the state (Perlis) and they are now living in Selangor.
“Their connection to Perlis is fleeting,” she said.
MAIPs sought to change terms relating to the children’s custody previously given to Loh in divorce proceedings last year to enable the council to provide Islamic education and training as well as tithes to her 14-year-old twin daughters and 10-year-old son.
The council said it was doing so because the children were converted to Islam by their father in Perlis on July 7, 2020.
The names of the children cannot be mentioned nor their photographs published because of a gag order.
Peters also said her decision today was not based on “which religion the children should embrace and remain in or renounce”.
“The court’s decision is about the exercise of children’s rights,” she added.
On MAIPs’ application to be part of Loh’s divorce case, Peters said the court was akin to a house’s host and it must be cautious about which guests to invite for dinner.
“I have always maintained that an application to seek leave is akin to asking ‘guests’ to have dinner. There are children in the ‘house’ that need to be protected.
“If the ‘guests’ are not on the guest list, then it would be a waste of time for them and the host,” she said.
Meanwhile, the court was told by lawyer Malcolm Fernandez, appearing for Loh’s former husband M Nagahswaran who is currently serving his jail sentence in Machang prison for a drug offence, that Nagahswaran wanted to speak to his three children.
Currently, Loh has full custody of her children.
“He wants to meet the children every Saturday. Any platform is OK, even on a video call,” he said.
Loh’s lawyer A Srimugan said he would ask her about Nagahswaran’s request.
Peters set July 4 for case mention.
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