WCX v WCW: Appeal on Child Care and Control and Access

In the Family Justice Courts of Singapore, WCX appealed against the District Judge's decision regarding care and control and access of their child. The High Court, presided over by Justice Choo Han Teck, dismissed the father's application for shared or sole care and control, upholding the mother's sole care and control. The court varied the orders on Chinese New Year access, granting the father increased access during the holiday. The appeal was otherwise dismissed.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding care and control and access of a child. The court upheld the mother's sole care and control, but varied CNY access.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WCXAppellantIndividualAppeal allowed in partPartial
WCWRespondentIndividualOrders upheldWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Thian Wen YiHarry Elias Partnership LLP
Daljit Kaur d/o Harbans SinghN S Kang

4. Facts

  1. The parties were married on 29 November 2015 and have one son born in May 2016.
  2. Interim Judgment was granted on 18 February 2021.
  3. The District Judge ordered joint custody of the child, with sole care and control to the Mother and access to the Father.
  4. The Father appealed against the DJ’s decision on the issues of care and control and access.
  5. The Father sought shared care and control or, alternatively, sole care and control.
  6. The Father also sought increased access time with the child, including during Chinese New Year and special days.
  7. The Mother opposed the Father's requests, arguing that the DJ's decision should be upheld.

5. Formal Citations

  1. WCX v WCW, District Court Appeal No 14 of 2022, [2022] SGHCF 26

6. Timeline

DateEvent
Parties married
Interim Judgment granted
Ancillary matters heard
Hearing date
Judgment reserved

7. Legal Issues

  1. Care and Control
    • Outcome: The court upheld the District Judge's decision to grant sole care and control to the Mother, citing the stability provided by the maternal grandmother and the child's need for a stable environment.
    • Category: Substantive
  2. Child Access
    • Outcome: The court varied the District Judge's orders on Chinese New Year access, granting the Father increased access during the holiday, but otherwise upheld the orders on access.
    • Category: Substantive

8. Remedies Sought

  1. Shared care and control of the child
  2. Sole care and control of the child
  3. Increased access time with the child

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
TSF v TSEN/AYes[2018] 2 SLR 833SingaporeCited regarding the court's discretion to admit new evidence that is available only after the date of the decision.
TAU v TATN/AYes[2018] 5 SLR 1089SingaporeCited for factors the court considers when ordering shared care and control.

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

  • Care and control
  • Access
  • Shared care and control
  • Chinese New Year access
  • Special day access
  • Maternal grandmother

15.2 Keywords

  • family law
  • child
  • care and control
  • access
  • appeal

17. Areas of Law

Area NameRelevance Score
Family Law100
Care and Control90
Access to Children80
Child Custody70

16. Subjects

  • Family Law
  • Child Custody
  • Child Access