CX v CY: Child Custody, Care & Control, and Access Dispute
In CX v CY, the High Court of Singapore heard an appeal regarding the custody, care and control, and access to a minor child. The District Judge had previously declined to make a custody order, granting care and control to the mother (CY) and access to the father (CX). Both parents appealed. The High Court granted joint custody to both parents, care and control to the mother, and specified access arrangements for the father. The court also addressed the issue of security for the child's return when taken out of jurisdiction.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal partially allowed; joint custody granted to both parents, care and control to the mother, and access arrangements specified for the father.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case concerning custody, care, control, and access to a minor. The court granted joint custody to both parents, care and control to the mother, and specified access arrangements for the father.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Peter Cuthbert Low | Peter Low Tang and Belinda Ang |
| Joyce Fernando | Robert Wang and Woo LLC |
4. Facts
- The parties are married but separated.
- The plaintiff is a Dutch national working in Thailand, and the defendant is a Singapore national residing and working in Singapore.
- The child was born in Thailand and took his father’s nationality.
- The parties separated after the defendant discovered the plaintiff was having an extramarital affair.
- The defendant left the family home with the child and moved to Singapore.
- The district judge declined to make a custody order.
- Both parties appealed the district judge's decision.
5. Formal Citations
- CX v CY (minor: custody, care, control and access), RAS 720054/2004, 720055/2004, OS 650185/2003, [2005] SGHC 16
- CX v CY, , [2004] SGDC 166
6. Timeline
| Date | Event |
|---|---|
| Parties married in Singapore. | |
| Child born in Thailand. | |
| Parties separated. | |
| Defendant moved to Singapore with the child. | |
| District Judge made final decision. | |
| High Court issued judgment. |
7. Legal Issues
- Custody of child
- Outcome: Joint custody granted to both parents.
- Category: Substantive
- Care and control of child
- Outcome: Care and control granted to the mother.
- Category: Substantive
- Access to child
- Outcome: Access arrangements specified for the father.
- Category: Substantive
- Child's best interest
- Outcome: The court considered the child's welfare as the first and paramount consideration.
- Category: Substantive
- Security for child's return
- Outcome: The court did not order the plaintiff to provide security for the child's return when taken out of jurisdiction due to inadequate information.
- Category: Substantive
8. Remedies Sought
- Custody of the child
- Care and control of the child
- Access to the child
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 Aliya Aziz Tayabali | High Court | Yes | [2000] 1 SLR 754 | Singapore | Cited regarding circumstances where courts made no custody orders because of the acrimony between the parents. |
| Re G (guardianship of an infant) | High Court | Yes | [2004] 1 SLR 229 | Singapore | Cited regarding circumstances where courts made no custody orders because of the acrimony between the parents. |
| Jussa v Jussa | English Court of Appeal | Yes | [1972] 1 WLR 881 | England and Wales | Cited for the principle that a joint custody order should only be made where there was a reasonable prospect that the parties would co-operate. |
| Ho Quee Neo Helen v Lim Pui Heng | Singapore Court of Appeal | Yes | [1972–1974] SLR 249 | Singapore | Cited with approval for the principle that a joint custody order should only be made where there was a reasonable prospect that the parties would co-operate. |
| Caffell v Caffell | English Court of Appeal | Yes | [1984] FLR 169 | England and Wales | Cited for the principle that a parent who does not have care and control but who is anxious over the upbringing of a child could also have joint custody with the other parent who has the care and control. |
| Hurst v Hurst | English Court of Appeal | Yes | [1984] FLR 867 | England and Wales | Cited for the principle that a parent who does not have care and control but who is anxious over the upbringing of a child could also have joint custody with the other parent who has the care and control. |
| Ryan v Berger | High Court | Yes | [2001] 1 SLR 419 | Singapore | Cited regarding the provision of security when a party fails to return a child after taking the child out of Singapore. |
| Re S (Leave to remove from jurisdiction: securing return from holiday) | English High Court | Yes | [2001] 2 FLR 507 | England and Wales | Cited regarding the provision of security when a party fails to return a child after taking the child out of Singapore. |
| Re L (Removal from jurisdiction: holiday) | English High Court | Yes | [2001] 1 FLR 241 | England and Wales | Cited regarding the provision of security when a party fails to return a child after taking the child out of Singapore. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Guardianship of Infants Act (Cap 122, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Custody
- Care and control
- Access
- Child's welfare
- Joint custody
- Guardianship of Infants Act
- Best interests of the child
- Acrimony between parents
15.2 Keywords
- custody
- care and control
- access
- child
- family law
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Child Custody | 90 |
| Access to Children | 90 |
| Children's Welfare | 85 |
| Guardianship of Infants Act | 70 |
16. Subjects
- Family Law
- Child Custody
- Child Access