AQL v AQM: Child Custody Dispute Over Care and Control of a Young Child

In AQL v AQM, before the High Court of Singapore on 16 December 2011, Justice Woo Bih Li addressed an appeal by the husband, AQL, seeking shared or increased access to their daughter against the wife, AQM. The court dismissed the appeal, upholding the District Judge's order granting sole care and control to the wife, emphasizing the child's need for stability and the wife's capable parental duties. The court cited concerns over conflicting parenting styles and the child's young age as reasons for denying shared care and control.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed; sole care and control of the child granted to the wife.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case AQL v AQM involves a dispute over the care and control of a young child amidst divorce proceedings, focusing on the child's best interests.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AQLAppellantIndividualAppeal DismissedLost
AQMRespondentIndividualSole care and control grantedWon

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Julian LimJLim & Chew Law Corporation
Alfred TanAlfred Tan and Co

4. Facts

  1. The parties were married on 22 May 2000.
  2. A daughter was born to the parties on 21 September 2008.
  3. The wife left the matrimonial home one week before the child’s delivery.
  4. The husband applied for care and control of the child under s 5 of the Guardianship of Infants Act.
  5. The District Judge ordered joint custody but gave sole care and control of the child to the wife.
  6. The husband appealed, seeking shared care and control or more access to the child.
  7. The husband has flexible working hours.

5. Formal Citations

  1. AQL v AQM, OSF No 168 of 2010 (RAS No 84 of 2011), [2011] SGHC 264

6. Timeline

DateEvent
Parties married
Daughter born
Summonses heard regarding interim care and control
District Judge ordered joint custody with sole care and control to the wife
Appeal dismissed
Decision Date

7. Legal Issues

  1. Care and Control of Child
    • Outcome: The court dismissed the husband's appeal for shared care and control, granting sole care and control to the wife.
    • Category: Substantive
    • Related Cases:
      • [2005] 3 SLR 690
  2. Access to Child
    • Outcome: The court denied the husband's request for more and/or overnight access.
    • Category: Substantive

8. Remedies Sought

  1. Shared Care and Control
  2. Increased Access to Child
  3. Overnight Access to Child

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
CX v CYCourt of AppealYes[2005] 3 SLR 690SingaporeCited to define 'care and control' as the right to take care of the child and make day-to-day decisions concerning the child’s upbringing and welfare.
AHJ v AHKHigh CourtYes[2010] SGHC 148SingaporeCited as an example of a High Court decision where shared care and control was ordered.
AKF v AKGHigh CourtYes[2010] SGHC 225SingaporeCited as an example of a High Court decision where shared care and control was ordered.
Soon Peck Wah v Woon Che ChyeN/AYes[1997] 3 SLR(R) 430SingaporeCited for the proposition that in the general case, a young child should not be deprived of his mother’s love and care.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Guardianship of Infants Act (Cap 122, 1985 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Care and Control
  • Shared Care and Control
  • Access
  • Custody
  • Parental Duties
  • Maternal Bond
  • Best Interests of the Child

15.2 Keywords

  • child custody
  • care and control
  • access
  • divorce
  • family law
  • Singapore
  • Guardianship of Infants Act

17. Areas of Law

Area NameRelevance Score
Care and Control95
Access to Children90
Children's Welfare80
Child Custody75
Family Law60
Divorce40
Maintenance30

16. Subjects

  • Family Law
  • Child Custody
  • Divorce