fc_judgments_version: 45

This data as json

_id _item _version _commit tags date court case-number title citation url counsel timestamp coram html _item_full_hash
45 37 1 1317 
[
    "Guardianship of Infants Act \u2013 Custody care and control of child"
]
 2024-06-11 Family Court Originating summons OSG 41/2023 WYE v WYF [2024] SGFC 38 https://www.lawnet.sg:443/lawnet/web/lawnet/free-resources?p_p_id=freeresources_WAR_lawnet3baseportlet&p_p_lifecycle=1&p_p_state=normal&p_p_mode=view&_freeresources_WAR_lawnet3baseportlet_action=openContentPage&_freeresources_WAR_lawnet3baseportlet_docId=%2FJudgment%2F31612-SSP.xml 
[
    "Both parties appear self-represented"
]
 2024-06-18T16:00:00Z[GMT] Sheik Mustafa Abu Hassan <root><head><title>WYE v WYF</title></head><content><div class="contentsOfFile"> <h2 align="center" class="title"><span class="caseTitle"> WYE <em>v</em> WYF </span><br><span class="Citation offhyperlink"><a class="pagecontent" href="javascript:viewPageContent('/Judgment/31612-SSP.xml')">[2024] SGFC 38</a></span></h2><table id="info-table"><tbody><tr class="info-row"><td class="txt-label" style="padding: 4px 0px; white-space: nowrap" valign="top">Case Number</td><td class="info-delim1" style="padding: 4px">:</td><td class="txt-body">Originating summons OSG 41/2023</td></tr><tr class="info-row"><td class="txt-label" style="padding: 4px 0px; white-space: nowrap" valign="top">Decision Date</td><td class="info-delim1" style="padding: 4px">:</td><td class="txt-body">11 June 2024</td></tr><tr class="info-row"><td class="txt-label" style="padding: 4px 0px; white-space: nowrap" valign="top">Tribunal/Court</td><td class="info-delim1" style="padding: 4px">:</td><td class="txt-body">Family Court</td></tr><tr class="info-row"><td class="txt-label" style="padding: 4px 0px; white-space: nowrap" valign="top">Coram</td><td class="info-delim1" style="padding: 4px">:</td><td class="txt-body"> Sheik Mustafa Abu Hassan </td></tr><tr class="info-row"><td class="txt-label" style="padding: 4px 0px; white-space: nowrap" valign="top">Counsel Name(s)</td><td class="info-delim1" style="padding: 4px">:</td><td class="txt-body"> Both parties appear self-represented </td></tr><tr class="info-row"><td class="txt-label" style="padding: 4px 0px; white-space: nowrap" valign="top">Parties</td><td class="info-delim1" style="padding: 4px">:</td><td class="txt-body"> WYE — WYF </td></tr></tbody></table> <p class="txt-body"><span style="font-style:italic">Guardianship of Infants Act</span> – <span style="font-style:italic">Custody care and control of child</span></p> <p></p><table border="0" cellpadding="0" cellspacing="0" width="100%"><tbody><tr><td width="80%"><p class="Judg-Hearing-Date">11 June 2024</p></td><td><p class="Judg-Date-Reserved"></p></td></tr></tbody></table><p></p> <p class="Judg-Author"> District Judge Sheik Mustafa Abu Hassan:</p> <p class="Judg-Heading-1">Introduction</p> <p class="Judg-1"><a id="p1_1"></a>1       In this case the plaintiff is the Father, and the defendant is the Mother of a child. I shall refer to them collectively as “the parents”. It was an application by a Father to be granted shared care and control of the child; or else to be granted liberal access to the child. The Mother contested the application.</p> <p class="Judg-1"><a id="p1_2"></a>2       Both parties appeared in court not represented by counsel. I heard both parties and ordered a custody evaluation to be done.</p> <p class="Judg-1"><a id="p1_3"></a>3       After receiving and considering the report, I ordered that both parents are to have joint custody of the child. I ordered that the care and control of the child be shared between the parents, with the Father to have care and control of the child during the following periods:</p> <p class="Judg-2"><a id="p1_3-p2_a"></a>a.     Weekly:</p> <p class="Judg-3"><a id="p1_3-p2_a-p3_A"></a>(A)       from 4pm to 6pm every Monday and Wednesday,</p> <p class="Judg-3"><a id="p1_3-p2_a-p3_B"></a>(B)       every Sunday from 8am to 12pm.</p> <p class="Judg-2"><a id="p1_3-p2_b"></a>b.     Special occasions:</p> <p class="Judg-3"><a id="p1_3-p2_b-p3_A"></a>(A)       alternate public holidays staring from the next public holiday i.e. Good Friday from 4pm to 8pm,</p> <p class="Judg-3"><a id="p1_3-p2_b-p3_B"></a>(B)       every Chinese New Year eve from 4pm to 8pm,</p> <p class="Judg-3"><a id="p1_3-p2_b-p3_C"></a>(C)       every second day of Chinese New Year from 10am to 2pm.</p> <p class="Judg-2"><a id="p1_3-p2_c"></a>c.     Each party shall not by herself/himself, her/his agents or her/his servants, bring the child out of Singapore without the prior written consent of the other party or an Order of Court.</p> <p class="Judg-1"><a id="p1_4"></a>4       The Mother appeals against my decision. I state my reasons below.</p> <p class="Judg-Heading-1">Background</p> <p class="Judg-1"><a id="p1_5"></a>5       The Father works in Singapore on a foreign passport as an engineer. He is awaiting the outcome of a permanent residency application. He has been residing in Singapore since 2008 at the age of 17 years and obtained a diploma in construction engineering, and later a degree at NUS.</p> <p class="Judg-1"><a id="p1_6"></a>6       The Mother is a Singapore citizen. She is a nurse.</p> <p class="Judg-1"><a id="p1_7"></a>7       The parents began a romantic relationship in 2020, and the Mother became pregnant. They agreed not to terminate the pregnancy, and they married in February 2021. The parents agreed to live together and entered into a tenancy agreement for an apartment. At that time, the Mother was not employed, so it was agreed that the Father would be responsible for rent and utilities, and that his mother would live with them to help look after the Mother and the child. They moved in to the apartment in May 2021 with the Father’s mother.</p> <p class="Judg-1"><a id="p1_8"></a>8       Their child was born in June 2021.</p> <p class="Judg-1"><a id="p1_9"></a>9       The Father’s mother returned to China. The parents agreed that the Father would hire a domestic worker to replace the assistance from the Father’s mother. As the Mother was then still unemployed, the Father undertook this expense.</p> <p class="Judg-1"><a id="p1_10"></a>10     The relationship between the parents deteriorated. They quarrelled and said cruel things to each other. In April 2022, there was such a quarrel. The Mother claims that the Father was violent, which the Father denies. The police came. The Father left the apartment. The Mother applied for a protection order.</p> <p class="Judg-1"><a id="p1_11"></a>11     The Father claims that he was refused entry to the apartment and was not allowed to visit the child. He claims that he nevertheless continued to pay the rent for the apartment, household expenses and the domestic worker’s salary. He complains that he has to incur additional costs for his own accommodation. He alleges that in June 2022 the Mother called him and told him that he could visit the child only if he paid her an agreed sum of money for each visit because she was unemployed and needed money more than what he had been giving her as agreed.</p> <p class="Judg-1"><a id="p1_12"></a>12     The Father agreed. He paid an additional $1,151.75 in July and $1,714.20 in August in order to visit the child.</p> <p class="Judg-1"><a id="p1_13"></a>13     In November 2022, in spite of the Father’s contesting, this court granted the Mother a personal protection order.</p> <p class="Judg-1"><a id="p1_14"></a>14     The Mother sent a message to the Father requesting him to sign documents for simplified divorce proceedings and a housing loan application. The Father continued to pay to the Mother for his visits to the child. In December 2023, he could no longer afford the payments and ceased making the additional payments.</p> <p class="Judg-1"><a id="p1_15"></a>15     The Mother refused to allow the Father to visit the child. The Mother sent messages that if the Father does not sign the divorce agreement and loan documents he will not be able to see the child forever. The Husband did not comply. In February 2023, the Mother sent a message that she would not allow him to see the child forever.</p> <p class="Judg-1"><a id="p1_16"></a>16     In March 2023, the Father filed this proceeding.</p> <p class="Judg-1"><a id="p1_17"></a>17     The Mother, who also represents herself, filed a short affidavit in reply. She claims that the Father threatened multiple times to kill the child or throw the child out the window whenever he was angry with the Mother. She says that she is the only caregiver of the child since its birth, and that the Father does not know how to care for the child at all, as when he showed a video to the child when it was merely 2-3 months old, and as when he fed milk to the child until its tummy was full of air. She says these are not good for the baby’s health.</p> <p class="Judg-1"><a id="p1_18"></a>18     The Mother says that the Father had stopped giving her money since December 2022, and that she had to pay all the expenses including rent, the domestic worker, and the child. She says her salary is only $3,000 and she needs to use a credit card to survive every month.</p> <p class="Judg-1"><a id="p1_19"></a>19     The Mother adds that she wanted to purchase a HDB flat but the Father cancelled it, and this caused her and the child to have no place to stay. She was depressed as the landlord wanted to increase the rent and she did not have enough money. She has no support from anyone. She was very depressed and desperate every day. she works as a nurse full time and it is a stressful and tiring job. Due to the Father, she experienced much depression and stress and even wanted to kill herself.</p> <p class="Judg-1"><a id="p1_20"></a>20     The Mother argues that there will be no one to bring the child to see the Father. She had separated from the Father since April 2022 and has not contacted or met him since then. She claims that sometimes the Father comes to the apartment to disturb her life. She would call the police to chase him away. She hopes for a divorce and says that she will take care of the child herself. she does not wish to attend any court counselling except for divorce.</p> <p class="Judg-Heading-1">Hearing</p> <p class="Judg-1"><a id="p1_21"></a>21     At the hearing before me on 12 July 2023, the Mother flatly declared that she would allow the Father to have access to the child if he signs the divorce documents and give her maintenance. The Father says that it was not reasonable and did not agree to the demand. The Mother countered that after she moved to another address she did not inform anyone about the location, but the Father came and harassed her. She declared that she refuses to sponsor the Father’s long term visit pass. The Father replies that he is not on a long term pass, but on an S-pass.</p> <p class="Judg-1"><a id="p1_22"></a>22     After hearing the parties, I ordered for a custody evaluation report to be submitted to the court. I indicated that in the meantime the child will continue to reside with the Mother.</p> <p class="Judg-1"><a id="p1_23"></a>23     The Father enquired about access in the meantime. I asked the Mother for her view on this. The Mother responded that she had no proposal and did not want the Father to visit. I ordered that the Father was to have supervised access to the child at a divorce specialist support agency twice a month for 8 sessions, and a report be submitted to me thereafter.</p> <p class="Judg-1"><a id="p1_24"></a>24     On 3 January 2024, the hearing resumed. The Father was absent. I informed the Mother that the court had received the custody evaluation report, but the DSSA report was not yet received. I adjourned the case pending the same.</p> <p class="Judg-1"><a id="p1_25"></a>25     On 20 March 2024, the hearing resumed. I had received and considered the contents of both the custody evaluation report and the DSSA report. I made the orders that the Mother appeals against.</p> <p class="Judg-Heading-1">Findings</p> <p class="Judg-1"><a id="p1_26"></a>26     The child continues to live with the Mother. There is a domestic worker living with the Mother and child. There is no indication that the living arrangements are in any way detrimental to the child.</p> <p class="Judg-1"><a id="p1_27"></a>27     I find that the child ought to continue to reside with the Mother.</p> <p class="Judg-1"><a id="p1_28"></a>28     The parents do not reside together anymore. With the personal protection order in place, the risk of violence to the Mother is low. However, the parents appear to have difficulties in emotional regulation, and there is a risk that aggressive conflict could recur during the near future whilst the parents undergo divorce proceedings.</p> <p class="Judg-1"><a id="p1_29"></a>29     I find that the Mother’s allegations that the Father is a danger to the child is not proved.</p> <p class="Judg-1"><a id="p1_30"></a>30     The Mother exhibits strong gatekeeping behaviour. She has threatened to cut the Father off from the child. I find that it is therefore in the child’s best interest that it is explicitly stated that the Father has joint custody of the child with the Mother.</p> <p class="Judg-1"><a id="p1_31"></a>31     The prognosis for the Mother allowing the Father to have access to the child without unreasonable conditions is poor. I therefore find that it is best that the Father be allowed to have parenting time with the child in the form of regular and fixed periods of care and control that are expressly specified by the court.</p> <p class="Judg-1"><a id="p1_32"></a>32     I fix these times to be on two weekdays from 4 to 6pm, to enable the Father to have dinner with the child, as well as on Sundays from 8am to 12pm every week. In addition, I also order the Father to have care and control on aternate public holidays staring from the next public holiday i.e. Good Friday 2023 from 4pm to 8pm, every Chinese New Year eve from 4pm to 8pm, and every second day of Chinese New Year from 10am to 2pm.</p> </div></content></root> 748765dc97866a2ae39af7c075ff3260f14a4fd4

Links from other tables