Tay Kit Hoo (Kit) focuses his practice on matrimonial and children disputes since the beginning of his career. Valued for his deep knowledge and experience of family law, he now heads the family litigation team in Messrs Low & Partners. He regularly appears in the Family High Court, Court of Appeal and Federal Court as Lead or Co-Counsel.
Kit has represented clients covering all aspect of contentious and non-contentious family law, including but not limited to the following aspects:
1. complex legal and factual issues surrounding the dissolution of marriage, such as, domestic violence or adulterous relationships;
2. children custody and access disputes;
3. maintenance claims for spouses and children;
4. changing terms in a court order
5. discovery and division of matrimonial assets;
6. compelling parties to comply with maintenance, custody or assets orders;
7. cross-border international child abduction and relocation cases; and
8. non-molestation orders against spouses and the likes.
He believes that litigation does not resolve all problems in a family dispute. As such, he also subscribes to the idea of alternate dispute resolution for win-win solutions. In that vein, he is empanelled as a mediator with the Malaysian International Mediation Centre and a registered collaborative practitioner.
As part of his advocacy work, his practice also encompasses strategic litigation to propel the law forward. He regularly takes up those said cases, and acts as watching brief counsel for Human Rights Commission of Malaysia (SUHAKAM) and the Malaysian Bar. Other than going to court, he also contributes, among others, as an active member of the Malaysian Bar Family Law Committee since 2021 and a committee member of the Kuala Lumpur State Bar co-chairing the Civil Practice and Court Liaison Committee and Pupils Welfare Committee for Term 2024/2025. He is also the treasurer for the Malaysian Middle Temple Alumni Association (TMMTA).
Facts of some notable cases:
1. changed terms of orders for access and maintenance to reflect the children’s best interest against abusive parent;
2. represented client to compel party to comply with court order for access and maintenance;
3. defended client against enforcement proceedings due to extenuating circumstances;
4. obtained interim non-molestation orders to restrain party from committing domestic violence against their spouse and the children;
5. acquired interim maintenance orders for clients; and
6. gained discovery order to reveal assets of a party in relation to matrimonial assets.
Some reported cases by order of year:
1. HOONG WAI KIT (L) v. TEH TOONG JOO (P) [2019] CLJU 1975, High Court
2. ABC & ANOR v. JKL [2020] 7 CLJ 190, High Court
3. SSS v JTSV [2020] 10 CLJ 107, High Court
4. M v M [2020] CLJU 1723, High Court
5. SHARMINI NAIR V NARENDRAN YAHAMBARAM [2020] CLJU 2184, High Court
6. IKI PUTRA MUBARRAK v. KERAJAAN NEGERI SELANGOR & ANOR [2021] 3 CLJ 465, Federal Court
7. PENDAFTAR MUALLAF WILAYAH PERSEKUTUAN v. LCY & ORS & ANOTHER APPEAL [2021] CLJU 2079, High Court
8. LCY v TWY [2021] CLJU 2453, Court of Appeal
9. CAS v. MPPL & ANOR [2022] 6 CLJ 713, High Court
10. MAHISHA SULAIHA ABDUL MAJEED v. KETUA PENGARAH PENDAFTARAN & ORS AND ANOTHER APPEAL [2022] 8 CLJ 697, Court of Appeal
11. MAS v. YAM [2022] CLJU 2758, High Court
12. SLSL v TKH [2024] CLJU 2659, High Court
13. ROBINDER SINGH JAJ BIJIR SINGH v. JASMINDER KAUR BHAJAN SINGH [2023] CLJU 1844, Court of Appeal
14. ABC v DEF [2024] CLJU 1562, High Court
15. MPPL & ANOR v CAS [2024] 8 CLJ 359, Federal Court