The father of a child who was ‘snatched’ by her Muslim-convert mother is planning legal action against the police for alleged abuse of power.

His lawyer Gooi Hsiao Leung said three police personnel had accompanied the mother, Fatimah Fong Abdullah, when she seized her daughter Tan Yi Min, 7, from a school in Butterworth.

Gooi (centre in NONEphoto) claimed that the police had issued a warning to teachers who were trying to keep the child from being taken away until her father Tan Cheow Hong (extreme left) appeared.

They were allegedly threatened with prosecution if they prevented the police from executing their duties.

The police personnel, said to be from the Bagan Luar station, were assisted by religious affairs officers from Shah Alam, as Fatimah had obtained a Syariah Court order to take custody of her daughter.

“We are very upset because the police exceeded their powers in executing a Syariah Court order on non-Muslims (Tan and the child),” Gooi told a press conference at his office today.

“We are considering legal action against the police. It was not right of them to have threatened the teachers, telling them they would be arrested if they did not open the gate and allow the child to leave with the mother.”

Malaysiakini was unable to obtain comments from the Butterworth police today.

Fatimah, 28, and Tan, 36, separated three years ago, and the child had been in the care of her father ever since.

Fatimah filed for divorce in the Shah Alam and Hulu Langat Syariah Courts before she obtained the custody order.

However, a civil custody hearing filed by Tan is to be held in the High Court in Penang on Dec 10.

Dissolution sought

Gooi filed a summons in the High Court today, requesting a proper forum to hear and dissolve the couple’s marriage.

Notwithstanding her conversion to Islam, Tan is also seeking a declaration that Fatimah is bound by her obligations under the Law Reform Act (Marriage and Divorce) 1976 and Guardianship of Infants Act 1976.

“We also want a declaration that on Nov 8, Fong had wrongly removed the child from the existing custody, care and control of her father without taking into account an interim custody order issued by the High Court in Shah Alam on Oct 27,” Gooi said.

“We want the child to be returned within 24 hours (should the court issue an order to this effect) and a declaration that her (recent) conversion to Islam without the knowledge and consent of her father is against Section 117 of the Muslim Administration Enactment, 2003.

“It is also a violation of my client’s legal obligations and rights under Section 5 of the Guardianship of Infants Act 1961.”

Tan said all his efforts to meet his daughter have failed, as Fatimah has not responded to any of his calls and text messages.

“It is not fair. I took care of her all this while and now, when she (Fatimah) suddenly wants to see my daughter, she snatches her away. How can this happen?” asked Tan, who works as an assistant marketing manager.

“I’ve called her every day but she has not responded. I am worried for my daughter. She is not very familiar with her mother, who has hardly visited her since she left several years ago for her home in Johor.”

Tan’s sister Siew Kooi, who had gone to the school during the commotion, said the police were very rude and threatened to ‘hit’ her car if she did not move out of the way.

“They shouted and said they had a court order, so I was afraid. They also threatened to arrest me if I did not move my car, as Yi Min was already in the police van, waiting to be driven away,” she added.

The cabinet has barred forced conversions of minors to Islam since last year, to quell unease among non-Muslims in the wake of the M Indira Gandhi case.