AWN v AWO: Child Custody, Access, and Rescission of Interim Divorce Judgment

In AWN v AWO, the High Court of Singapore heard appeals from the husband regarding decisions on child custody, access, and the rescission of an interim divorce judgment. The court dismissed the husband's appeal against the decision granting joint custody to both parents but care and control to the wife, with specified access to the husband. The court also dismissed the husband's appeal to rescind the interim judgment of divorce, finding no merit in his claim of not being heard. The court ordered costs of the two appeals to be paid to the wife.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal against District Judge Hing’s decision on care and control dismissed. Appeal in Divorce No 4739 of 2011 dismissed. Interim judgment of divorce to stand.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning child custody, access, and the husband's application to rescind an interim divorce judgment based on alleged lack of hearing.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AWNRespondentIndividualAppeal AllowedWon
AWOAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Tan-Goh Song Gek AliceA C Fergusson & Partners

4. Facts

  1. The husband filed for sole custody, care, and control of the child.
  2. The wife had allegedly prevented the husband from having access to the child since February 2009.
  3. The child was three years old at the time of the family court hearing.
  4. The child suffers from a submucous cleft palate.
  5. The wife failed to comply with the access order on several occasions.
  6. The maternal grandparents harbor a strong dislike for the husband.
  7. Divorce proceedings were commenced by the wife based on the husband’s unreasonable behavior.

5. Formal Citations

  1. AWN v AWO and another appeal, Originating Summons (Family) No 274 of 2010 (Registrar's Appeal No 189 of 2011) & Divorce No 4739 of 2011 (Registrar's Appeal No 148 of 2012), [2012] SGHC 228

6. Timeline

DateEvent
Husband filed Originating Summons (Family) No 274 of 2010
Interim judgment of divorce granted
First hearing before the High Court
Parties returned before the High Court
Judgment reserved

7. Legal Issues

  1. Child Custody and Access
    • Outcome: The court upheld the decision to grant joint custody to both parents but care and control to the wife, with specified access to the husband.
    • Category: Substantive
  2. Rescission of Interim Divorce Judgment
    • Outcome: The court dismissed the husband's appeal to rescind the interim judgment of divorce, finding no merit in his claim of not being heard.
    • Category: Procedural

8. Remedies Sought

  1. Sole custody, care and control of the child
  2. Rescission of interim judgment of divorce

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Guardianship of Infants ActN/AYesGuardianship of Infants Act (Cap 122, 1985 Rev Ed)SingaporeCited as the governing law for custody and access matters, emphasizing the welfare of the child as the paramount consideration.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Guardianship of Infants Act (Cap 122, 1985 Rev Ed)Singapore
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Care and control
  • Access order
  • Interim judgment
  • Rescission
  • Guardianship
  • Welfare of the child
  • Two-way assisted transfer

15.2 Keywords

  • child custody
  • access
  • divorce
  • family law
  • Singapore
  • interim judgment
  • rescission

17. Areas of Law

Area NameRelevance Score
Women’s Charter90
Divorce90
Family Law90
Guardianship of Infants Act90
Care and Control80
Access to Children80
Child Custody70
Civil Procedure30
Judgments and Orders30
Evidence Law30
Costs20
Succession Law10

16. Subjects

  • Family Law
  • Child Custody
  • Divorce