VWJ v VWI: Child Custody, Care and Control, and Access Dispute Under Guardianship of Infants Act

In VWJ v VWI, before the General Division of the High Court (Family Division) of Singapore, the appellant (Mother) appealed against the District Judge's decision to grant care and control of their son to the respondent (Father). The primary legal issue was the determination of care and control and access arrangements for the child under the Guardianship of Infants Act. The High Court dismissed the appeal, affirming the District Judge's order that care and control be given to the Father, finding it to be in the best interests of the child.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning care and control and access to a child. The court affirmed the decision to grant care and control to the father, prioritizing the child's welfare.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VWJAppellantIndividualAppeal DismissedLost
VWIRespondentIndividualCare and control grantedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Patrick FernandezFernandez LLC
Kulvinder KaurI.R.B Law LLP

4. Facts

  1. The Mother and Father were married on 5 January 2020.
  2. Their son was born in May 2020.
  3. The Mother and Father made cross applications seeking care and control and access to the Child.
  4. The District Judge granted an interim order for the Child to remain with the Mother and the Father was to be granted weekend access to the child.
  5. The District Judge ordered that the Father be granted care and control of the Child and that the Mother was to be granted access to the child which amounted approximately to 3 days.
  6. The Mother did not ensure the attendance of the Child at the previous childcare.
  7. The Father had been placed on a Regional Flying Scheme which puts him on “turnaround flights”.

5. Formal Citations

  1. VWJ v VWI, District Court Appeal No 68 of 2022, [2023] SGHCF 7

6. Timeline

DateEvent
Mother and Father married
Child born
Mediation Commenced
Originating Summons (Guardianship of Infants Act) No 44 of 2021
Service of appellant’s case
Judgment reserved
Judgment issued

7. Legal Issues

  1. Care and Control of Child
    • Outcome: The court affirmed the decision to grant care and control to the Father.
    • Category: Substantive
  2. Access to Child
    • Outcome: The court found the access orders given were fairly generous, providing ample time to the Mother.
    • Category: Substantive

8. Remedies Sought

  1. Care and Control
  2. Access

9. Cause of Actions

  • Application for Care and Control
  • Application for Access

10. Practice Areas

  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Wong Phila Mae v Shaw HaroldCourt of AppealYes[1991] 1 SLR(R) 680SingaporeCited regarding the importance of education in the welfare of a child.

13. Applicable Rules

Rule Name
Family Justice Rules 2014
Rule 827(1) of the Family Justice Rules 2014
Rule 827(5) of the Family Justice Rules 2014
Rule 827(1)(a) of the Family Justice Rules 2014
Rule 827(1)(b) of the Family Justice Rules 2014

14. Applicable Statutes

Statute NameJurisdiction
Guardianship of Infants Act (Cap 122, 1985 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Care and Control
  • Access
  • Guardianship of Infants Act
  • Childcare
  • Regional Flying Scheme

15.2 Keywords

  • family law
  • child custody
  • child access
  • guardianship
  • Singapore
  • Family Justice Courts

17. Areas of Law

Area NameRelevance Score
Family Law95
Child Custody90
Children's Welfare85
Child Support70
Parenting60

16. Subjects

  • Family Law
  • Child Custody
  • Child Access
  • Guardianship