WAY v WAZ: Variation of Access Orders Appeal in Singapore Family Court

In a family law case before the General Division of the High Court (Family Division) in Singapore, both WAY (the mother) and WAZ (the father) appealed a District Court decision regarding access orders for their child. The mother appealed against the variation of the access orders, while the father appealed the handover arrangements and restrictions on enrolling the child in activities during his access time. Choo Han Teck J dismissed the mother's appeal and allowed the father's appeal, modifying the handover arrangements and restricting the mother from enrolling the child in activities during the father's access time. The judgment was delivered on 9 June 2022.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Mother's appeal dismissed; Father's appeal allowed.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding variation of access orders. The court dismissed the mother's appeal and allowed the father's appeal, modifying handover arrangements.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WAYAppellant, RespondentIndividualAppeal DismissedLostLee Leann, Linda Joelle Ong
WAZAppellant, RespondentIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Lee LeannEngelin Teh Practice LLC
Linda Joelle OngEngelin Teh Practice LLC

4. Facts

  1. The parties married in December 2012 and have a child born in 2014.
  2. The mother commenced divorce proceedings in March 2016.
  3. Interim Judgment was granted on 8 May 2017.
  4. Access Orders were made in November 2018.
  5. Family therapy commenced in January 2019 but was terminated in December 2019 due to lack of cooperation.
  6. The father commenced Summons 71 of 2021 in January 2021 to vary the Access Orders.
  7. The District Judge partially allowed the father’s variation application.

5. Formal Citations

  1. WAY v WAZ and another appeal, District Court Appeals Nos 96 and 132 of 2021, [2022] SGHCF 14

6. Timeline

DateEvent
Parties married
Child born
Divorce proceedings commenced
Interim Judgment granted
Access Orders made
Family therapy commenced
Family therapy terminated
Summons 71 of 2021 commenced
Judgment delivered

7. Legal Issues

  1. Variation of Access Orders
    • Outcome: The court allowed the variation of access orders, granting the father more access time and modifying handover arrangements.
    • Category: Substantive
  2. Material Change in Circumstances
    • Outcome: The court found that the cessation of family therapy sessions constituted a material change in circumstances justifying a variation of the Access Order.
    • Category: Substantive
  3. Child's Best Interest
    • Outcome: The court determined that the modest increase in access granted by the DJ was reasonable and in the best interests of the Child.
    • Category: Substantive

8. Remedies Sought

  1. Variation of Access Orders
  2. Increased Access Time
  3. Modification of Handover Arrangements

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Child Custody
  • Divorce

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

  • Access Orders
  • Family Therapy
  • Material Change in Circumstances
  • Child's Best Interest
  • Handover Arrangements
  • Enrichment Classes

15.2 Keywords

  • family law
  • divorce
  • child access
  • access orders
  • variation
  • singapore

16. Subjects

  • Family Law
  • Divorce
  • Child Access

17. Areas of Law

  • Family Law
  • Ancillary Matters
  • Variation of Access Orders