WQI v WQH: Child Custody and Care & Control Dispute After Divorce
In the Family Justice Courts of Singapore, WQI (Appellant/Wife) appealed against the District Judge's decision to dismiss her application to vary a consent order for shared care and control of her two daughters with WQH (Respondent/Husband). The initial divorce was granted on 15 December 2020, with ancillary matters settled by consent. Choo Han Teck J dismissed the appeal, finding insufficient merit to warrant a change in the existing care and control orders, which had been in place without difficulties. The court also upheld the costs order imposed by the District Judge, but did not impose costs for the appeal.
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 regarding care and control of two daughters after divorce. The court dismissed the appeal, upholding the existing consent order for shared care and control.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| WQI | Appellant | Individual | Appeal Dismissed | Lost | Bernice Loo, Sophia Rossman |
| WQH | Respondent | Individual | Appeal Dismissed | Won | Yap Teong Liang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Bernice Loo | Allen & Gledhill LLP |
| Sophia Rossman | Allen & Gledhill LLP |
| Yap Teong Liang | T L Yap Law Chambers LLC |
4. Facts
- The appellant and respondent were married on 16 March 2013 and divorced on 15 December 2020.
- The parties have two daughters, aged 9 and 8 respectively.
- The parties initially agreed to joint custody with shared care and control.
- The appellant applied to vary the consent order for sole care and control or additional care time.
- The District Judge dismissed the appellant's application.
- The appellant argued for changed circumstances, including greater work flexibility and the children's age.
- The respondent's home is a short walking distance from his parents’ home.
5. Formal Citations
- WQIvWQH and another appeal, District Court Appeals Nos 91 and 95 of 2023, [2024] SGHCF 5
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Interim judgment of divorce granted | |
| Application in FC/SUM 2405/2023 to vary the consent order for sole care and control | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Variation of Consent Order for Care and Control
- Outcome: The court dismissed the appeal, upholding the existing consent order for shared care and control.
- Category: Substantive
8. Remedies Sought
- Sole care and control of the children
- Additional care time for the appellant
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Law
- Child Custody
- Divorce Law
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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Custody
- Care and control
- Consent order
- Shared care
- Access
- Parenting styles
- Children's welfare
15.2 Keywords
- family law
- child custody
- care and control
- divorce
- singapore
16. Subjects
- Family Law
- Child Custody
- Divorce
17. Areas of Law
- Family Law
- Custody
- Care and Control