AZB v AZC: Child Custody, Care and Control, and Access Dispute Post-Divorce
In AZB v AZC, before the Family Justice Courts of Singapore, the mother, AZB, sought to vary existing care and control orders to gain increased access to her three daughters, K, L, and M, from the father, AZC. The court, presided over by Debbie Ong JC, considered whether there had been a material change in circumstances warranting a variation of the orders. While the court did not vary the care and control order, it granted the mother increased and overnight access to the children, emphasizing the importance of parental cooperation and the children's welfare.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Access order varied to include overnight access; care and control order remains unchanged.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
A Singaporean family law case concerning the variation of custody orders, focusing on the welfare of three daughters post-divorce and parental responsibility.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Debbie Ong | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Khoo Boo Teck Randolph | Drew & Napier LLC |
| Anusha Prabhakran | Drew & Napier LLC |
4. Facts
- The Father and Mother were married in January 2000 and divorced in November 2012.
- The parties have three daughters: K and L (twins, 13 years old) and M (11 years old).
- The Father had been granted care and control of the children, with the Mother having supervised access.
- The Mother sought to vary the care and control arrangements to spend more time with the children.
- The Mother obtained a comfortable residence in a condominium and found stable employment.
- The children expressed that they enjoyed access at the new condominium.
- The court interviewed the children and found them mature enough to express their views.
5. Formal Citations
- AZB v AZC, Divorce Transfer No 4295 of 2011 (Summons No 3696 of 2015), [2016] SGHCF 1
6. Timeline
| Date | Event |
|---|---|
| Father and Mother married | |
| Litigation over interim care and control arrangements began | |
| Interim judgment of divorce granted | |
| District Judge granted interim care and control to the Father | |
| Mother applied to admit psychiatric reports and sought overnight access | |
| High Court Judge heard summonses for shared care and control | |
| Mother's application came before the court | |
| Hearing date | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Variation of Custody Orders
- Outcome: The court varied the access order, finding a material change in circumstances and emphasizing the welfare of the children.
- Category: Substantive
- Sub-Issues:
- Material change in circumstances
- Welfare of the child
- Judicial interviewing of children
- Judicial Interviewing of Children
- Outcome: The court found judicial conversations with children very useful, and the way forward must be to equip judges with the necessary skills, provide an environment most conducive to an effective process and eliminate or reduce as many of the risks as possible.
- Category: Procedural
- Sub-Issues:
- Giving children a voice
- Concerns in judicial interviews
- Best interests of the child
- Abuse of Process
- Outcome: The court held that the Mother’s application was not an abuse of process, as there had been a change in circumstances since the last application.
- Category: Procedural
8. Remedies Sought
- Care and Control of Children
- Increased Access to Children
9. Cause of Actions
- Variation of Custody Order
- Variation of Access Order
10. Practice Areas
- Family Litigation
- Divorce
- Child Custody
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| BNS v BNT | Court of Appeal | Yes | [2015] 3 SLR 973 | Singapore | Cited for the principle that parents must continue to place the needs of their children before their own post-divorce. |
| TAA v TAB | Court of Appeal | Yes | [2015] 2 SLR 879 | Singapore | Cited for the principle that parents must continue to place the needs of their children before their own post-divorce. |
| B v B (Minors) (Interviews And Listing Arrangements) | English Court of Appeal | No | [1994] 2 FLR 489 | England and Wales | Cited regarding concerns about the adversarial process and confidentiality in judicial interviews. |
| Mabon v Mabon and others | N/A | No | [2005] 3 WLR 460 | N/A | Cited regarding the reluctance of English judges to talk to children in private due to rules of evidence and the adversarial mode of trial. |
| ZO v ZP and another appeal | Court of Appeal | Yes | [2011] 3 SLR 647 | Singapore | Cited for the usefulness of judicial interviews of children and the judge's ability to discern if a child has been primed or coached. |
| Kwa Ban Cheong v Kuah Boon Sek | N/A | Yes | [2003] 3 SLR(R) 644 | N/A | Cited for the broad, merits-based test to ascertain whether an action is an abuse of process. |
| Goh Nellie v Goh Lian Teck and others | N/A | Yes | [2007] 1 SLR(R) 453 | N/A | Cited for factors to consider when determining whether there is an abuse of process. |
13. Applicable Rules
| Rule Name |
|---|
| Family Justice Rules 2014 (Act 27 of 2014) |
| Rule 30 of the Family Justice Rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 46 of the Women’s Charter | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) | Singapore |
| s 35(1)(a) of the Children and Young Persons Act (Cap 38, 2001 Rev Ed) | Singapore |
| s 125(2) of the Women’s Charter | Singapore |
| s 128 of the Women’s Charter | Singapore |
| Family Justice Act 2014 (No 27 of 2014) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Care and Control
- Access
- Parental Responsibility
- Material Change in Circumstances
- Judicial Interview of Children
- Welfare of the Child
- Abuse of Process
15.2 Keywords
- family law
- child custody
- divorce
- access
- parental responsibility
- Singapore
- family justice courts
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 100 |
| Child Custody | 95 |
| Children's Welfare | 90 |
| Care and Control | 90 |
| Access to Children | 90 |
| Judicial Interviewing of Children | 70 |
| Parenting | 60 |
| Variation of Order | 50 |
| Parental Alienation | 30 |
16. Subjects
- Family Law
- Child Custody
- Divorce
- Family Litigation