VMG v VMH: Child Custody, Care and Control Dispute in Divorce Proceedings

In the Family Justice Courts of Singapore, Choo Han Teck J heard appeals by VMG (the Father) and VMH (the Mother) regarding orders made by the District Judge in their divorce proceedings. The primary issues concerned the custody, care, and control of their son, as well as maintenance and travel arrangements. The court dismissed the Father's appeal on maintenance to the Mother, dismissed the Father's application for a psychiatric assessment of the Mother, and varied the District Judge's order to grant sole care and control to the Mother, with reasonable weekend access to the Father. The remaining appeals by both parties were dismissed.

1. Case Overview

1.1 Court

Family Justice Courts of the republic of singapore

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce appeal concerning child custody, care, and control. The court granted sole care and control to the Mother, emphasizing the child's welfare.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VMGAppellant, RespondentIndividualAppeal dismissed in partLost
VMHRespondent, AppellantIndividualAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Krishnan SivanandamKrishnan Sivanandam & Co

4. Facts

  1. The parties were married in India in December 2016 and have one son.
  2. A consent order was entered on 8 August 2018 for joint custody, care and control to the Father, and access to the Mother.
  3. The Father filed for divorce in 2020, and interim judgment was granted on 21 May 2020.
  4. The son was diagnosed with Global Developmental Delay in 2020 and requires early intervention.
  5. The Mother has been actively cooperating with the school to manage the son’s special needs.
  6. The Father has been slow to accept and acknowledge his son’s needs and has repeatedly made allegations about the Mother’s mental health.
  7. The Custody Evaluation Report notes that the Mother has no relocation plan and desires to remain in Singapore.

5. Formal Citations

  1. VMGvVMH and another appeal, , [2021] SGHCF 31

6. Timeline

DateEvent
Parties married in India.
Consent order entered for joint custody of the child, care and control to the Father, and access to the Mother.
Mother admitted to IMH.
Mother discharged from IMH.
Interim judgment granted on the basis of both parties’ unreasonable behaviour.
District Judge made an order for the ancillary matters.
Court heard parties and dismissed the Father’s appeal on maintenance to the Mother.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Custody of Child
    • Outcome: The court granted joint custody to both parents.
    • Category: Substantive
  2. Care and Control of Child
    • Outcome: The court granted sole care and control to the Mother with reasonable weekend access to the Father.
    • Category: Substantive
  3. Maintenance of Child
    • Outcome: The court maintained the District Judge’s order of $200 per month for child maintenance.
    • Category: Substantive
  4. Travel Restrictions
    • Outcome: The court maintained the District Judge’s order for the Mother to provide a guarantee of $5,000 before bringing the son out of jurisdiction.
    • Category: Substantive

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Divorce
  • Child Custody
  • Family Law Litigation

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
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Custody
  • Care and control
  • Maintenance
  • Global Developmental Delay
  • Stop order
  • Reasonable access
  • Lump sum maintenance

15.2 Keywords

  • Family Justice Courts
  • Singapore
  • Divorce
  • Child Custody
  • Care and Control
  • Maintenance
  • Global Developmental Delay

17. Areas of Law

Area NameRelevance Score
Family Law95
Child Custody90
Child Support85
Maintenance80
Children's Welfare75
Divorce60
Unreasonable Behaviour50
Matrimonial Assets Division40
Parenting30

16. Subjects

  • Family Law
  • Divorce
  • Child Custody
  • Child Welfare