CZ v DA: Grandmother's Custody and Access Application for Grandchild
In CZ v DA, the High Court of Singapore heard an appeal by a grandmother, CZ, against the decision of the District Judge to dismiss her application for guardianship, custody, care, and control of her grandchild, as well as her request for the child to undergo medical tests. The respondents were the child's parents, DA and his wife. The grandmother alleged negligence and lack of care by the parents. The court dismissed the grandmother's appeal, finding no basis to fault the District Judge's decision, especially since the child was in the custody of loving and caring parents. The court also considered the grandmother's application for access to the child, ultimately dismissing it with costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Grandmother's application for custody and access to her grandchild was dismissed due to the child's loving parents' care.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CZ | Appellant | Individual | Appeal Dismissed | Lost | Arthur Wang |
| DA | Respondent | Individual | Appeal Dismissed | Won | Lai Kwok Seng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Arthur Wang | Tan Kim Seng and Partners |
| Lai Kwok Seng | Lai Mun Onn and Co |
4. Facts
- The grandmother alleged the parents neglected the child, causing him to not receive necessary medical attention.
- The parents asserted they had taken concrete steps to address the child's medical problems.
- The grandmother made two complaints to the Ministry of Community Development and Sports about the child's treatment.
- The grandmother applied for a protection order on behalf of the child against his parents, which was dismissed.
- The child saw his grandmother regularly until October 2003.
- The child was diagnosed with sensory integrative dysfunction and enrolled in a course to enhance his sensory processing.
- The child showed some signs of developmental dyspraxia and was sent for speech therapy as well as speech and drama lessons.
5. Formal Citations
- CZ v DA, OSF 21/2004, OSF 21/2004
- CZ v DA, RAS 29/2004, RAS 29/2004
6. Timeline
| Date | Event |
|---|---|
| Grandmother first consulted Dr. Ho Kee Hang about the child’s alleged neurological problems. | |
| Grandmother made two complaints to the Ministry of Community Development and Sports. | |
| Grandmother lodged a police report against the child’s parents. | |
| Grandmother applied for a protection order on behalf of the child against his parents. | |
| Application for protection order dismissed. | |
| Grandmother stopped seeing her grandchild. | |
| Originating summons heard by the district judge. | |
| Dr. Ho confirmed in writing that the child did not have a neurosurgical problem. | |
| Appeal dismissed. |
7. Legal Issues
- Access to Child
- Outcome: The court dismissed the grandmother's appeal for access to the child, finding no basis to fault the District Judge's decision.
- Category: Substantive
- Related Cases:
- [2003] 1 SLR 502
8. Remedies Sought
- Custody
- Access
- Medical Examination
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Law
- Child Custody
- Child Access
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re C (an infant) | Court of Appeal | Yes | [2003] 1 SLR 502 | Singapore | Cited to distinguish the present case from a case with very special circumstances where a paternal grandmother was granted limited access to her grandson because the child's mother had been killed by his father. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Custody
- Access
- Negligence
- Medical Attention
- Guardianship
- Grandmother
- Child Welfare
15.2 Keywords
- family law
- child custody
- access
- grandmother
- negligence
16. Subjects
- Family Law
- Child Custody
- Child Welfare
17. Areas of Law
- Family Law
- Custody
- Access