WDW v WDX: Child Custody, Access, and Maintenance Dispute
In the Family Justice Courts of Singapore, Justice Choo Han Teck heard District Court Appeal Nos 38 and 39 of 2022, involving WDW (Father) and WDX (Mother). The appeals concerned decisions on custody, access, and maintenance for their daughter. The Father appealed against the District Judge's decision regarding access and maintenance, while the Mother appealed against the maintenance decision. The court allowed the Father's appeal in part, adjusting the estimated monthly expenses for the daughter, and dismissed the Mother's appeal, upholding the original maintenance contribution ratio.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Appeal allowed in part and dismissed in part.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding child custody, access, and maintenance. The court adjusted the monthly expenses and upheld the maintenance contribution ratio.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| WDW | Appellant, Respondent | Individual | Appeal allowed in part | Partial | Iman Marini Binte Salem, Bernice Goh Jun Ting |
| WDX | Respondent, Appellant | Individual | Appeal dismissed | Lost | Lee Mong Jen, Yeo Yang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Iman Marini Binte Salem | Salem Ibrahim LLC |
| Bernice Goh Jun Ting | Salem Ibrahim LLC |
| Lee Mong Jen | LMJ Law Corporation |
| Yeo Yang | LMJ Law Corporation |
4. Facts
- The parties were married on December 17, 2019.
- The parties signed a Prenuptial Deed on December 16, 2019.
- The daughter was born in December 2019.
- The Father is a 41-year-old American citizen who owns a construction company in America.
- The Mother is a 31-year-old Singapore citizen who holds a senior associate position in a bank.
- The parties filed cross-applications under s 5 of the Guardianship of Infants Act 1934 seeking rights over the daughter.
- The District Judge ordered joint custody to both parents, care and control to the Mother, and access to the Father.
5. Formal Citations
- WDW v WDX, , [2022] SGHCF 30
- , District Court Appeal No 38 of 2022, District Court Appeal No 38 of 2022
- , District Court Appeal No 39 of 2022, District Court Appeal No 39 of 2022
6. Timeline
| Date | Event |
|---|---|
| Prenuptial Deed signed | |
| Parties married | |
| Daughter born | |
| Maintenance backdated to this date | |
| Hearing date | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Child Access
- Outcome: The court determined that it was too soon to introduce two consecutive nights of overnight access, but the Father may apply again when the time is right.
- Category: Substantive
- Child Maintenance
- Outcome: The court adjusted the daughter's monthly expenses from $4,888.67 to $4,588.67, reducing the allocation for personal goods and food. The court upheld the 65:35 maintenance contribution ratio.
- Category: Substantive
8. Remedies Sought
- Custody
- Care and Control
- Access
- Maintenance
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Law
- Child Custody
- Child Support
11. Industries
- Banking
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| VPX v VPY | General Division of the High Court (Family Division) | Yes | [2021] SGHCF 13 | Singapore | Cited for the principle that but for the daughter, the Mother would not necessarily have required the additional room or could have found a smaller and cheaper accommodation. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Guardianship of Infants Act 1934 s 5 | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) s 68 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Prenuptial Deed
- Joint Custody
- Care and Control
- Access
- Maintenance
- Overnight Access
- Monthly Expenses
- Apportionment
- Guardianship of Infants Act
15.2 Keywords
- family law
- child custody
- child maintenance
- Singapore
- appeal
16. Subjects
- Family Law
- Child Custody
- Child Maintenance
- Appeals
17. Areas of Law
- Family Law
- Custody
- Child Maintenance