The Federal Court’s decision to grant Izwan Abdullah the custody of his son has set a dangerous precedent.

Kulai MP Teo Nie Ching believes that the Federal Court was wrong to decide that the eight-year-old should be given to Izwan just because he has settled down with him.

If one parent had created a status by illegal means, he or she cannot use “status quo shall be maintained” or “the child has settled down with the arrangement” as a reason in fighting for the custody of the child, said Teo, citing English authorities.

Izwan and his former wife S Deepa were married under Hindu rites in 2003.

After divorcing his wife, Izwan converted to Islam in 2011 and also unilaterally converted their two children to Islam two years later.

Deepa won custody of the two children at the High Court in Seremban on May 2014 and the Court of Appeal affirmed the decision by the High Court on May 23, last year.

Two days after the Seremban High Court made the order, Izwan snatched the son who was then aged six.

As such, Teo ( photo ) pointed out that with the Federal Court’s decision, a parent who has lost the custody battle in court could run away with the child and hide for a few years.

“(And they can) then come to court and file an application to vary the earlier court order by saying that the child has already settled down with him or her.

"This is a very dangerous precedent."

The Federal Court on Wednesday said its decision was made based on the respective wishes of the two children – the son wanted to live with Izwan and the daughter wanted to live with Deepa.

“While maintaining status quo might be the choice of Mithran (Izwan’s son), English authorities have tackled this issue at length.

“A parent that would do illegal or immoral means to achieve an objective would not set a good example or role model to the children. Hence it is not in the welfare of the children to stay with him or her,” Teo pointed out.

Izwan, she added, should be held for contempt of court when he failed to obey the order of the Seremban High Court and abducted his son.

“He should not be rewarded for abducting Mithran from Deepa. Giving the custody of eight-year-old son Mithran to Izwan is equal to a ‘reward’ for his illegal and immoral act,” said Teo.