G (Custody of Infant): Child Custody, Access, and Variation of Orders

In Re G (custody of an infant), the Singapore High Court heard applications from both parents to vary an existing custody order. The defendant (mother) sought to restrict the plaintiff's (father) access, while the plaintiff sought increased access, including overnight stays and holiday access. The High Court dismissed the plaintiff's application and granted the defendant's application, modifying the access order to reduce the plaintiff's access hours, prioritizing the child's welfare and considering the child's needs and the acrimonious relationship between the parents.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Defendant's application granted. Plaintiff's application dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case regarding a father's application to vary a custody order for increased access to his son. The court dismissed the application, prioritizing the child's welfare.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
DefendantRespondentCorporationApplication GrantedWon
PlaintiffApplicantIndividualApplication DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Jamilah IbrahimKC Abu Bakar and Partners
Jason Peter DendroffDhillon Dendroff and Partners

4. Facts

  1. The parties were divorced in 1996, with the defendant granted sole custody of the child and the plaintiff granted access.
  2. The defendant applied to vary the access order, citing concerns about the plaintiff's compliance and the child's well-being.
  3. The plaintiff cross-applied for increased access, including overnight stays and holiday access.
  4. The child was diagnosed with dyslexia and hyperactivity.
  5. The social welfare authorities investigated the background of both parties.
  6. The plaintiff had obtained an ex parte order for additional access, which the defendant allegedly defied.

5. Formal Citations

  1. Re G (custody of an infant), OS 1094/1995, [2003] SGHC 57

6. Timeline

DateEvent
Plaintiff married the defendant.
A son was born of the union.
Parties were divorced by the Syariah Court.
Order of Court granted plaintiff unsupervised access.
Plaintiff obtained Second Order of Court ex parte.
Plaintiff's sister's wedding.
Defendant applied to vary the Order of Court.
Plaintiff filed a cross-application to vary the Order of Court.
High Court dismissed the plaintiff’s application with costs and granted the defendant’s application.

7. Legal Issues

  1. Child Custody
    • Outcome: The court varied the existing access order, reducing the father's access hours, based on the child's welfare.
    • Category: Substantive
    • Sub-Issues:
      • Variation of access order
      • Welfare of the child
      • Parental alienation

8. Remedies Sought

  1. Variation of custody order
  2. Restriction of access
  3. Increased access
  4. Appointment of social welfare officer

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Child Custody
  • Divorce Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Guardianship of Infants Act (Cap 122)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Custody
  • Access
  • Guardianship of Infants Act
  • Welfare of the child
  • Dyslexia
  • Ex parte order
  • Social welfare report

15.2 Keywords

  • custody
  • access
  • child
  • infant
  • family law
  • Singapore
  • Guardianship of Infants Act
  • variation order

17. Areas of Law

Area NameRelevance Score
Family Law95
Guardianship of Infants Act95
Child Custody90
Access to Children90
Children's Welfare80

16. Subjects

  • Family Law
  • Child Custody
  • Access Rights