APC v APD: Child Custody Dispute and Variation of Care and Control Orders

In APC v APD, the High Court of Singapore heard an application by the husband (APD) to vary the existing care and control orders for the two younger children, which had previously granted care and control to the wife (APC). The court dismissed the husband's application, citing his domineering character and the potential for the children to become distant from their mother. The court also addressed allegations of the wife's irresponsibility and the children's preference to live with their father. The judgment was delivered by Justice Woo Bih Li on 4 December 2014.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Summons 682 dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case concerning a husband's application to vary care and control orders for two children, which was dismissed. The court cited the husband's domineering character.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
APCPlaintiff, RespondentIndividualCare and control of the children maintainedWon
APDDefendant, AppellantIndividualApplication for variation dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Lim Poh ChooAlan Shankar & Lim LLC

4. Facts

  1. The parties were in a matrimonial dispute.
  2. The wife had care and control of the three children.
  3. The husband sought care and control of the two younger children.
  4. The husband alleged the wife was not spending enough time caring for the children.
  5. The wife alleged the husband was domineering.
  6. The wife moved out of the matrimonial home on 13 January 2014.
  7. The two younger children initially refused to go with their mother.

5. Formal Citations

  1. APC v APD, , [2014] SGHC 260

6. Timeline

DateEvent
Divorce Transfer filed
Oral judgment given on ancillaries including custody, care and control and access in respect of the children
Arguments heard on maintenance
Husband's new spouse moved into the matrimonial home
Wife moved out of the matrimonial home
Husband filed Summons 682 for a variation of orders on care and control
Wife filed Summons 1464 for various reliefs including a penal notice against the husband
Court directed that a social welfare report be done
Social welfare report was completed
Court made an order for the insertion of a penal notice against the husband and dismissed Summons 682
Decision Date

7. Legal Issues

  1. Variation of Care and Control Orders
    • Outcome: The court dismissed the husband's application for variation, finding no adequate reasons to justify a change in the existing care and control orders.
    • Category: Substantive

8. Remedies Sought

  1. Variation of care and control orders
  2. Joint care and control
  3. Counselling for the parties and children

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Divorce Litigation
  • Child Custody Disputes

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
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Care and control
  • Access
  • Matrimonial dispute
  • Variation of order
  • Domineering
  • Welfare report

15.2 Keywords

  • child custody
  • care and control
  • divorce
  • family law
  • Singapore
  • High Court
  • matrimonial dispute

17. Areas of Law

Area NameRelevance Score
Family Law95
Child Custody90
Access to Children90
Children's Welfare85
Maintenance70
Child Maintenance70
Matrimonial Assets60
Division of Assets60

16. Subjects

  • Family Law
  • Child Custody
  • Divorce