WIQ v WIP: Appeal on Care and Control and Access Orders for Children After Divorce
In WIQ v WIP, the High Court (Family Division) heard an appeal from the District Court regarding care and control and access orders for two children following the parties' divorce in 2018. The District Judge had ordered split care and control, with the mother having care and control of the elder child and the father having care and control of the younger child, along with additional access orders. Choo Han Teck J dismissed the appeal, varying the additional access orders to allow the children to spend more time together.
1. Case Overview
1.1 Court
General Division of the High Court (Family Division)1.2 Outcome
Appeal dismissed with a variation to the additional access orders.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding care and control of two children after divorce. The court upheld split care and control, granting adjusted access orders.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
4. Facts
- The parties were married on 7 July 2007 and divorced in 2018.
- The parties have two children, aged 14 and 11.
- The elder child expressed his wish to live with the Mother.
- The District Judge ordered split care and control.
- The Father appealed the District Judge's decision.
- Both children expressed a mutual desire to spend more time with each other.
5. Formal Citations
- WIQ v WIP, District Court Appeal No 104 of 2022, [2023] SGHCF 16
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Parties divorced | |
| Elder child stayed with the Respondent | |
| District Court Appeal No 104 of 2022 filed | |
| Hearing date | |
| Judge interviewed the children | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Care and Control of Children
- Outcome: The court upheld the split care and control order, finding it to be in the best interests of the children.
- Category: Substantive
- Access Orders
- Outcome: The court varied the additional access orders to allow the children to spend more time together.
- Category: Substantive
8. Remedies Sought
- Variation of care and control order
- Variation of access orders
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 |
|---|---|---|---|---|---|
| ABW v ABV | Unknown | Yes | [2014] 2 SLR 769 | Singapore | Cited for the principle that keeping siblings together should be the norm in custody cases, but is just one of many considerations. |
| IW v IX | Unknown | Yes | [2006] 1 SLR(R) 135 | Singapore | Cited for the principle that keeping siblings together should be the norm in custody cases, but is just one of many considerations. |
| CX v CY (minor: custody and access) | Unknown | Yes | [2005] 3 SLR(R) 690 | Singapore | Cited as support that the DJ's decision was correct. |
| WBU v WBT | Unknown | Yes | [2023] SGHCF 3 | Singapore | Cited for the observation that the court is not always the best forum to resolve disputes stemming from differences in parenting choices or parenting styles. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Care and control
- Access orders
- Split care and control
- Best interests of the child
- Parenting styles
15.2 Keywords
- family law
- custody
- access
- divorce
- children
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Child Custody | 95 |
| Care and Control | 90 |
| Access to Children | 90 |
| Family Law | 80 |
| Children's Welfare | 70 |
16. Subjects
- Family Law
- Child Custody
- Divorce Law