CLI v CLJ: Appeal for Shared Care and Control of Child Rejected
In CLI v CLJ, the Appellate Division of the High Court of Singapore heard an application by the husband, CLI, for leave to appeal against a High Court Judge's decision affirming a District Judge's order regarding the care and control of their elder son, A. The husband sought shared care and control, but the District Judge and High Court Judge both ruled that the existing arrangement, granting sole care and control to the wife, CLJ, was in the child's best interest. The Appellate Division dismissed the husband's application for leave to appeal, finding that the proposed arrangement was not in the child's best interest.
1. Case Overview
1.1 Court
Appellate Division of the High Court of the Republic of Singapore1.2 Outcome
Husband's application for leave to appeal dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Husband's appeal for shared care and control of child rejected. The court found the proposed arrangement not in the child's best interest.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CLI | Applicant, Appellant | Individual | Application for leave to appeal dismissed | Lost | |
| CLJ | Respondent | Individual | Costs awarded | Won | Yeo Khee Chye Raymond of Raymond Yeo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge of the Appellate Division | Yes |
| Quentin Loh | Judge of the Appellate Division | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Hoe Shuen | Silvester Legal LLC |
| Low Hong Quan | Silvester Legal LLC |
| Yeo Khee Chye Raymond | Raymond Yeo |
4. Facts
- The husband applied for leave to appeal against a decision regarding care and control of their elder son.
- The District Judge had granted joint custody to both parents but sole care and control to the wife.
- The husband sought shared care and control, proposing a 5:2 day split.
- The District Judge and High Court Judge found the existing arrangement to be in the child's best interest.
- The husband argued that shared care and control does not necessarily mean equal time with each parent.
- The High Court Judge emphasized that the paramount consideration is the child's best interest.
- The Appellate Division dismissed the husband's application for leave to appeal.
5. Formal Citations
- CLI v CLJ, Originating Summons No 20 of 2021, [2021] SGHC(A) 3
6. Timeline
| Date | Event |
|---|---|
| Husband granted access to A | |
| Husband's access specified | |
| Husband commenced divorce proceedings | |
| Interim Judgment granted | |
| DJ dismissed husband's application to vary order | |
| Husband's appeal to High Court Judge dismissed | |
| DJ made final ancillary orders | |
| Husband filed an appeal | |
| Husband's appeal dismissed by the HC Judge | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Care and Control of Child
- Outcome: The court held that the existing arrangement, granting sole care and control to the wife, was in the child's best interest.
- Category: Substantive
- Sub-Issues:
- Best interests of the child
- Shared care and control arrangement
- Leave to Appeal
- Outcome: The court dismissed the husband's application for leave to appeal.
- Category: Procedural
- Related Cases:
- [2020] 3 SLR 796
8. Remedies Sought
- Leave to appeal
- Shared care and control of child
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Law
- Divorce
- Child Custody
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Pannir Selvam a/l Pranthaman v Attorney-General | High Court | Yes | [2020] 3 SLR 796 | Singapore | Cited for the principle that an applicant seeking leave to appeal must show that the outcome sought has a material bearing on the outcome of the main hearing of the appeal. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Care and control
- Shared care and control
- Best interests of the child
- Leave to appeal
- Matrimonial dispute
- Parental authority
- Primary caregiver
15.2 Keywords
- family law
- child custody
- shared care
- appeal
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 90 |
| Child Custody | 75 |
| Children's Maintenance | 40 |
| Child Support | 40 |
| Maintenance | 40 |
| Appellate Practice | 30 |
| Civil Practice | 30 |
| Matrimonial Assets | 25 |
| Division of Assets | 25 |
16. Subjects
- Family Law
- Child Custody
- Appeals