VDX v VDY: Cross-Appeals on Care and Control Order Variation for Child on Chinese New Year's Eve and December Holidays
In VDX v VDY, the High Court (Family Division) heard cross-appeals (HCF/DCA 115/2019 and HCF/DCA 116/2019) concerning the variation of a care and control order for the youngest child, C. The appeals, brought by both the Mother (VDX) and the Father (VDY), contested the District Judge's decision on care arrangements during Chinese New Year's Eve and the December holidays. Justice Debbie Ong addressed the importance of parental cooperation and the child's welfare, modifying the handover arrangements after the December holidays but affirming the Chinese New Year's Eve arrangements. The court urged the parents to prioritize their child's well-being and co-parent effectively.
1. Case Overview
1.1 Court
High Court (Family Division)1.2 Outcome
Appeals dismissed in part and allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Cross-appeals regarding the variation of a care and control order for a child, focusing on arrangements for Chinese New Year's Eve and December holidays. The court addressed parental cooperation and child's welfare.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| VDX | Appellant, Plaintiff | Individual | Appeal dismissed in part, Appeal allowed in part | Partial, Partial | Siraj Omar, Khoo Boo Teck Randolph, Hoon Shu Mei Sumathi, Goh Ting Xuan Beverly |
| VDY | Respondent, Defendant | Individual | Appeal dismissed in part, Appeal allowed in part | Partial, Partial | Lee Eng Beng, Kee Lay Lian, Ada Chua Ai Le |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Debbie Ong | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Siraj Omar | Drew & Napier LLC |
| Khoo Boo Teck Randolph | Drew & Napier LLC |
| Hoon Shu Mei Sumathi | Drew & Napier LLC |
| Goh Ting Xuan Beverly | Drew & Napier LLC |
| Lee Eng Beng | Rajah & Tann Singapore LLP |
| Kee Lay Lian | Rajah & Tann Singapore LLP |
| Ada Chua Ai Le | Rajah & Tann Singapore LLP |
4. Facts
- The Mother and Father were divorced on 28 September 2012.
- The parents have four children, one deceased, two daughters studying overseas, and a 13-year-old son, C.
- The Consent Order granted joint custody, care, and control of the Children to both parents.
- The Father had care and control of the Children on weekends and during the December holidays.
- The Mother had care and control of the Children on weekdays and during the rest of the school holidays.
- The parents' relationship deteriorated in 2019, leading to disputes over care arrangements.
- The Mother and Father filed applications seeking a variation of the existing care and control order.
5. Formal Citations
- VDX v VDY, District Court Appeal (Family Division) No 115 of 2019, [2021] SGHCF 2
- VDX v VDY, District Court Appeal (Family Division) No 116 of 2019, [2021] SGHCF 2
6. Timeline
| Date | Event |
|---|---|
| Mother and Father married | |
| Parties entered into a settlement deed on the ancillary matters | |
| Interim judgment of divorce granted | |
| Final judgment of divorce granted | |
| Mother served a statutory demand on the Father | |
| Mother filed FC/SUM 1510/2019 seeking a variation of the existing care and control order | |
| Father filed FC/SUM 1967/2019 seeking a variation of existing order | |
| DJ heard the parties and varied the orders | |
| Both parents filed their appeals against the DJ’s decision | |
| Father filed FC/SUM 4377/2019 to vary the DJ’s order on C’s handover | |
| Father did not return C to the Mother’s care | |
| Mother had to take C from the Father’s residence | |
| Mother filed FC/SUM 281/2020 seeking make-up access | |
| Father filed an application for leave to adduce fresh evidence in his appeal | |
| Hearing of appeals | |
| Hearing of appeals | |
| Judgment delivered |
7. Legal Issues
- Variation of Care and Control Order
- Outcome: The court varied the care and control order regarding the handover after the December holidays but affirmed the Chinese New Year's Eve arrangements.
- Category: Substantive
- Sub-Issues:
- Material change in circumstances
- Welfare of the child
- Child's Welfare
- Outcome: The court emphasized that the child's welfare is the paramount consideration in applications involving care and control.
- Category: Substantive
- Sub-Issues:
- Best interests of the child
- Parental cooperation
8. Remedies Sought
- Variation of Care and Control Order
- Specific care arrangements for Chinese New Year's Eve
- Specific care arrangements for December holidays
9. Cause of Actions
- Application for Variation of Care and Control Order
10. Practice Areas
- Family Litigation
- Divorce
- Child Custody Disputes
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| TSF v TSE | Court of Appeal | Yes | [2018] 2 SLR 833 | Singapore | Cited regarding appellate court's reluctance to intervene in decisions involving the welfare of children, as such decisions often involve choices between imperfect solutions. |
| CX v CY (minor: custody and access) | N/A | Yes | [2005] 3 SLR(R) 690 | Singapore | Cited regarding appellate court's reluctance to intervene in decisions involving the welfare of children, as such decisions often involve choices between imperfect solutions and regarding whether the DJ had made any errors in the exercise of his discretion. |
| BG v BF | N/A | Yes | [2007] 3 SLR(R) 233 | Singapore | Cited regarding appellate court's reluctance to intervene in decisions involving the welfare of children, as such decisions often involve choices between imperfect solutions. |
| VDX v VDY | Family Justice Courts | Yes | [2019] SGFC 144 | Singapore | The District Judge's grounds of decision in the case being appealed. |
| UYT v UYU and another appeal | High Court | Yes | [2020] SGHCF 8 | Singapore | Cited regarding the observations on family law and the resolution of domestic problems when a family can no longer mediate within itself. |
| BOI v BOJ | Court of Appeal | Yes | [2018] 2 SLR 1156 | Singapore | Cited regarding the role of counsel in advising clients and not being mere mouthpieces. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Care and Control
- Consent Order
- December Holidays
- Chinese New Year's Eve
- Welfare of the Child
- Parental Cooperation
- Material Change in Circumstances
- Handover Arrangements
15.2 Keywords
- family law
- child custody
- divorce
- care and control
- Singapore
- Chinese New Year
- December holidays
- parental dispute
16. Subjects
- Family Law
- Child Custody
- Divorce
17. Areas of Law
- Family Law
- Divorce Law
- Child Custody
- Care and Control
- Variation of Orders