DDN v DDO: Appeal on Access Order Variation Based on Material Change in Circumstances and Therapeutic Justice
In DDN v DDO, the Appellate Division of the High Court of Singapore heard an appeal against the decision of a Family Division Judge to vary access orders. The Mother commenced proceedings to vary the Access Orders on the basis that material developments had occurred since the orders were made. The court dismissed the Father's appeal, finding a material change in circumstances that justified the variation of the access orders, and elaborated on the applicable legal principles for a variation of access orders on the basis of a material change in circumstances, as well as how the notion of “Therapeutic Justice” applies in the present context.
1. Case Overview
1.1 Court
Appellate Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding variation of access orders due to a material change in circumstances. The court dismissed the appeal, elaborating on legal principles for access order variations.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Debbie Ong Siew Ling | Judge of the Appellate Division | Yes |
| Audrey Lim | Judge of the High Court | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Geralyn Danker | Titanium Law Chambers LLC |
| Isabel Ho | Titanium Law Chambers LLC |
4. Facts
- The parties were married in 2006 and have two children.
- The Mother commenced divorce proceedings on 1 June 2021.
- The parties agreed to access orders on 13 October 2021.
- The Mother commenced SUM 1745 on 1 June 2023 to vary the Access Orders.
- The Father had not utilized any of the overnight or overseas access.
- The Judge found the Father's failure to utilise access rights was a relevant circumstance.
- The Judge considered allegations of the Father's sexual promiscuity.
5. Formal Citations
- DDN v DDO, Civil Appeal No 98 of 2023, [2024] SGHC(A) 2
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Mother commenced divorce proceedings | |
| Access Orders made by consent of the parties | |
| Mother commenced SUM 1745 to vary the Access Orders | |
| SUM 1745 heard by the Judge | |
| Hearing Date | |
| Judgment Date |
7. Legal Issues
- Variation of Access Orders
- Outcome: The court held that there was a material change in circumstances that justified a variation of the access orders.
- Category: Substantive
- Sub-Issues:
- Material change in circumstances
- Welfare of the child
- Best interests of the child
8. Remedies Sought
- Variation of Access Orders
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| AZB v AZC | High Court | Yes | [2016] SGHCF 1 | Singapore | Cited for the principle that determination of any material change in circumstances requires a principled and pragmatic approach that considers the welfare of a child and that s 128 of the WC should not be read too narrowly. |
| TAU v TAT | High Court | Yes | [2018] 5 SLR 1089 | Singapore | Cited to emphasize that the child’s interests are not side-lined while his or her parents litigate over what they subjectively perceive to be their respective rights and entitlements. |
| VJM v VJL | High Court | Yes | [2021] 5 SLR 1233 | Singapore | Cited for the principle that parents should work out parenting matters and reach out for therapeutic support or mediation services if they would like assistance. |
| VVB v VVA | High Court | Yes | [2022] 4 SLR 1181 | Singapore | Cited to explain that Therapeutic Justice involves a measure of sacrifice and compromise – it requires each party to take responsibility where required, refrain from inflaming the situation, let go of what has hurt them deeply, and recast the future. |
| WBU v WBT | High Court | Yes | [2023] SGHCF 3 | Singapore | Cited for the principle that parenting is to be carried out cooperatively by parents themselves and litigation has harmful effects on the child. |
| TSF v TSE | Court of Appeal | Yes | [2018] 2 SLR 833 | Singapore | Cited to reiterate that in respect of orders concerning the child, an appellate court is typically slow to intervene and plays only a limited role. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter 1961 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Access Orders
- Material change in circumstances
- Therapeutic Justice
- Welfare of the child
- Best interests of the child
- Parental responsibility
15.2 Keywords
- family law
- divorce
- child custody
- access
- variation
- therapeutic justice
- material change in circumstances
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Child Custody | 90 |
| Access to Children | 90 |
| Children's Welfare | 85 |
| Maintenance | 60 |
16. Subjects
- Family Law
- Divorce
- Child Custody
- Access to Children