WKN v WKM: Child Custody and Access Dispute Appeal

In the Family Justice Courts of Singapore, Justice Choo Han Teck heard an appeal by WKN (the Mother) against the decision of the District Judge regarding the care and control of her child with WKM (the Father). The initial ancillary orders granted joint custody with care and control to the Father. The Mother appealed, seeking to vary these orders. The court allowed the Mother's appeal, transferring care and control to her, based on the child's expressed preference to live with the Mother. Liberal access was granted to the Father.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeal Allowed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding care and control of a child. The court allowed the appeal, transferring care and control to the mother, prioritizing the child's expressed preference.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WKNAppellantIndividualAppeal AllowedWonLow Wan Kwong Michael, Gulab Sobhraj
WKMRespondentIndividualAppeal DismissedLostAnuradha D/O Krishan Chand Sharma

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Low Wan Kwong MichaelCrossbows LLP
Gulab SobhrajCrossbows LLP
Anuradha D/O Krishan Chand SharmaWinchester Law LLC

4. Facts

  1. The Mother and Father were married on 12 February 2012 and have a daughter born on 12 July 2012.
  2. The Father filed for divorce on 26 September 2016, and the interim judgment was granted on 13 December 2016.
  3. Ancillary orders were made by consent, granting joint custody to both parents, with care and control to the Father.
  4. The Mother was given liberal access to the Child, including overnight access.
  5. On 9 November 2021, the Child began residing with the Mother due to allegations of emotional abuse and neglect by the Father.
  6. The Mother filed an application for variation of the ancillary orders, and the Father applied to enforce the original orders.
  7. The District Judge dismissed the Mother's application and granted the Father's applications on 6 January 2023.
  8. The Child expressed a preference to live with the Mother.

5. Formal Citations

  1. WKN v WKM, District Court Appeal No 2 of 2023, [2023] SGHCF 25

6. Timeline

DateEvent
Mother and Father married
Daughter born
Father filed for divorce
Interim judgment of divorce obtained
Interim judgment of divorce made final
Mother remarried
Child began to reside with the Mother
DJ dismissed the Mother’s application and granted an order in terms for the Father’s applications
Counsel's submissions heard
Child interviewed
Judgment issued
Orders take effect

7. Legal Issues

  1. Care and Control of Child
    • Outcome: Care and control transferred to the Mother based on the child's preference.
    • Category: Substantive
    • Sub-Issues:
      • Emotional abuse
      • Neglect
  2. Access to Child
    • Outcome: Liberal access granted to the Father.
    • Category: Substantive

8. Remedies Sought

  1. Variation of ancillary orders
  2. Enforcement of original 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 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

  • Care and control
  • Access
  • Best interests of the child
  • Material change in circumstances
  • Child's preference

15.2 Keywords

  • Family Law
  • Child Custody
  • Divorce
  • Singapore
  • Appeal
  • Care and Control
  • Access

16. Subjects

  • Family Law
  • Child Custody
  • Divorce Law

17. Areas of Law

  • Family Law
  • Custody
  • Care and Control
  • Access