WAH v WAG: Custody and Access Dispute in Divorce Proceedings
In the Family Justice Courts of Singapore, Justice Choo Han Teck heard cross-appeals (District Court Appeal Nos 158 and 159 of 2021) between WAH (husband) and WAG (wife) regarding interim orders for custody and access of their child. The husband, a lawyer, sought additional access and counselling orders, while the wife, an accountant, appealed against overnight access orders. The court dismissed both appeals, emphasizing that such interim matters should be resolved at the final hearing of the ancillary matters in the divorce proceedings.
1. Case Overview
1.1 Court
General Division of the High Court (Family Division)1.2 Outcome
Both appeals are dismissed with each party paying its own costs.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding interim orders for custody and access of a child in divorce proceedings. The court dismissed both appeals, emphasizing the importance of resolving such disputes at the final hearing.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| WAH | Appellant, Respondent | Individual | Appeal Dismissed | Lost | |
| WAG | Appellant, Respondent | Individual | Appeal Dismissed | Lost | Yeo Khee Chye Raymond of Raymond Yeo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yeo Khee Chye Raymond | Raymond Yeo |
4. Facts
- The parties married on 4 February 2018.
- The wife moved into the husband's parents' home after the marriage.
- The wife gave birth to the child in April 2019.
- The wife moved out in November 2019 due to unhappiness.
- The parties pursued a litigious course of conduct over custody and control of the child.
- The husband filed for divorce on 27 January 2022.
- The appeals concern interim orders for custody, care, and control of their three-year-old son.
5. Formal Citations
- WAHvWAG, District Court Appeal No 158 of 2021, [2022] SGHCF 9
- WAHvWAG, District Court Appeal No 159 of 2021, [2022] SGHCF 9
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Husband’s sister and family moved into Home A | |
| Wife gave birth to the child | |
| Wife moved with the child to her own family’s home | |
| Wife filed application under Section 5 of the Guardianship of Infants Act 1934 | |
| Wife filed for immediate return of the child | |
| Interim orders made for joint custody, sole care and control to wife, and unsupervised access to husband | |
| Wife filed urgent application for husband to produce the child | |
| Stay applications were dismissed | |
| Husband filed cross-application under Section 5 of the GIA | |
| Appeals heard in the Family Division of the High Court | |
| Wife filed to change the access timings | |
| Husband filed for resumption of access and make-up access | |
| Wife filed to suspend access | |
| District Judge varied the interim orders for access | |
| OSG applications came up for hearing | |
| District Judge ordered for access arrangements to continue until 2 January 2022 | |
| Both parties filed cross-appeals against District Judge’s orders | |
| Husband filed for divorce | |
| Judgment reserved | |
| Judgment delivered | |
| Parties scheduled to attend Family Dispute Resolution conference | |
| Parties scheduled for a case conference |
7. Legal Issues
- Child Access
- Outcome: The court upheld the lower court's interim orders regarding child access, finding no manifest error in the decision.
- Category: Substantive
- Interim Orders
- Outcome: The court emphasized that interim orders are temporary and should not be lightly appealed, as the trial judge has the final say.
- Category: Procedural
8. Remedies Sought
- Additional mid-week access
- Additional counselling orders
- Specific access orders for school holidays, public holidays, bereavement access and make-up access
- Appeal against overnight access order
- Appeal against step-up access order
- Appeal against cost order
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 Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Guardianship of Infants Act 1934 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Custody
- Access
- Interim Orders
- Divorce
- Ancillary Matters
- Guardianship of Infants Act
15.2 Keywords
- family law
- divorce
- child custody
- access
- interim orders
- Singapore
- appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Child Custody | 90 |
| Access to Children | 90 |
| Child Support | 50 |
| Maintenance | 50 |
16. Subjects
- Family Law
- Divorce Law
- Child Custody
- Appeals