fc_judgments_version: 8

This data as json

_id _item _version _commit tags date court case-number title citation url counsel timestamp coram html _item_full_hash
8 8 1 1274 
[
    "Custody care control and access of child \u2013 Variation of order"
]
 2023-10-24 Family Court Divorce No 6089/2016, SUM 3754/2022 UUQ v UUR [2023] SGFC 35 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%2F30493-SSP.xml 
[
    "D Ganaselvarani (D Rani & Co) for the Plaintiff/Mother",
    "Denny Lin Dianyan & Wong Shi Yun (Integro Law Chambers LLC) for the Defendant/Father."
]
 2023-10-25T16:00:00Z[GMT] Sheik Mustafa <root><head><title>UUQ v UUR</title></head><content><div class="contentsOfFile"> <h2 align="center" class="title"><span class="caseTitle"> UUQ <em>v</em> UUR </span><br><span class="Citation offhyperlink"><a class="pagecontent" href="javascript:viewPageContent('/Judgment/30493-SSP.xml')">[2023] SGFC 35</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">Divorce No 6089/2016, SUM 3754/2022</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">24 October 2023</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 </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"> D Ganaselvarani (D Rani &amp; Co) for the Plaintiff/Mother; Denny Lin Dianyan &amp; Wong Shi Yun (Integro Law Chambers LLC) for the Defendant/Father. </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"> UUQ — UUR </td></tr></tbody></table> <p class="txt-body"><span style="font-style:italic">Custody care control and access of child</span> – <span style="font-style:italic">Variation of order </span></p> <p></p><table border="0" cellpadding="0" cellspacing="0" width="100%"><tbody><tr><td width="80%"><p class="Judg-Hearing-Date">24 October 2023</p></td><td><p class="Judg-Date-Reserved"></p></td></tr></tbody></table><p></p> <p class="Judg-Author"> District Judge Sheik Mustafa:</p> <p class="Judg-Heading-1">Introduction</p> <p class="Judg-1"><a id="p1_1"></a>1       The matter at hand concerns a child, who is presently 9 years old. Both his parents are in a dispute regarding his care and control. I dismissed both their applications. His mother appeals against my decision.</p> <p class="Judg-Heading-1">Background</p> <p class="Judg-1"><a id="p1_2"></a>2       The child’s Mother is the Plaintiff, and the child’s Father is the Defendant in this case. The parents had married in June 2011 in Norway. At all material times, the Mother was a Singaporean and the Father a Norwegian. They lived in Norway for a few years and then moved to Singapore. Their relationship broke down, and by consent, they were divorced by an interim judgment in May 2017. The ancillary issues were not agreed upon. I heard and decided the ancillary issues in December 2018.</p> <p class="Judg-1"><a id="p1_3"></a>3       I ordered the child to be in the joint custody of both parents, and that he be in the care and control of the Mother. I ordered the Father to be given access as follows:</p> <p class="Judg-Quote-1">The parents shall have Joint Custody of the child with care and control to the Mother.</p> <p class="Judg-Quote-1">The Father shall have access as follows:-</p> <p class="Judg-QuoteList-2">(a)    Every Tuesdays and Thursdays from 6.30 p.m. to 8.45 p.m. (“Weekday access”); and</p> <p class="Judg-QuoteList-2">(b)    Every Saturdays from 10 a.m. to 8.45 p.m. (“Weekend Access”).</p> <p class="Judg-QuoteList-2">(c)    From 1 June 2019, the Weekday access shall remain or adjusted to different days if agreed to by parties, or else shall remain the same; and weekend access shall be on alternate weekends Saturday 10 a.m. overnight to Sunday 2 p.m.</p> <p class="Judg-Quote-1">The Father is permitted to bring the child to Norway for temporary visits not exceeding 15 days every December starting from 2019. The Defendant shall ensure that the child is returned to Singapore to the Plaintiff no later than 30 December immediately thereafter. The Plaintiff shall release the child’s passport to the Defendant for this purpose. The Plaintiff shall also furnish the passport details of the child to the Defendant to enable travel arrangements to be made. The Defendant shall furnish the details of the visit including the travel documents and the addresses where the child shall be at to the Plaintiff in exchange for the child’s passport.</p> <p class="Judg-1"><a id="p1_4"></a>4       The Mother appealed against my whole decision. Her appeal was heard in December 2019. The appeal was heard by the learned Judicial Commissioner Tan Puay Boon who made the following orders on the issue of the child (“the Order”):</p> <p class="Judg-Quote-1"> <u>Custody, care and control</u> </p> <p class="Judg-Quote-1">The parties shall have Joint Custody of the child with care and control to the Mother.</p> <p class="Judg-Quote-1"> <u>Access</u> </p> <p class="Judg-Quote-1">a.    Weekday access</p> <p class="Judg-Quote-2">The Father shall have access to the Child every Tuesday and Thursday from 6.30 pm to 8.45 pm.</p> <p class="Judg-Quote-1">b.    Weekend access</p> <p class="Judg-Quote-2">The Father shall have access to the Child on alternative weekends from 10.00 am on Saturdays to 2.00 pm on Sundays.</p> <p class="Judg-Quote-1">c.    Overseas access</p> <p class="Judg-Quote-2">The Father shall be permitted to bring the Child to Norway for temporary visits not exceeding 15 days every December starting from December 2020.</p> <p class="Judg-Quote-2">The Father shall ensure that the Child is returned to the Mother in Singapore no later than 30th day of that December immediately after the temporary visit.</p> <p class="Judg-Quote-2">The Mother is to keep the Child’s passport and maintain its validity for travels. She shall furnish the details of the Child’s passport to the Father to enable travel arrangements to be made.</p> <p class="Judg-Quote-2">The Father shall furnish to the Mother the details of the visits, including the travel documents and the addresses of places where the Child will be at no later than 21 days before the trip, and the Mother shall release the Child’s passport to the Father no later than 7 days before the trip.</p> <p class="Judg-Quote-2">The Child’s passport shall be handed back to the Mother together with the Child after the visits.</p> <p class="Judg-Quote-2">The Mother shall inform the Father whenever the Child travels overseas before such trips. Save for travels due to family emergencies and day trips outside of Singapore, the Mother shall provide to the Father this information no later than 21 days before the trips. For travels due to family emergencies and day trips outside of Singapore, the information shall be provided to the Father once the trip is confirmed.</p> <p class="Judg-Quote-1">d.    Increase in length of overnight access sessions</p> <p class="Judg-Quote-2">Parties are to endeavour to agree on having overnight access sessions for the Father of longer durations, in particular during the Child’s school holidays, between now and December 2020. In the event that there is no agreement by the end of January 2020, either party may file an application to the Family Court to formalise the arrangements.</p> <p class="Judg-Quote-1">e.    Pick-up point</p> <p class="Judg-Quote-2">For the access, the Father shall pick-up and return the Child to the condominium where the Child resides, and the Mother shall provide to the Father an access card key to the entrance of the condominium to facilitate the pick-up and return of the Child.</p> <p class="Judg-Heading-1">The applications</p> <p class="Judg-1"><a id="p1_5"></a>5       Almost 3 years later, in November 2022, the Mother filed an application to vary the Order. In it she does not seek to disturb the orders on custody care and control of the child, but she seeks to get changes regarding access as well as to remove a penal notice that had been attached to it:</p> <p class="Judg-Quote-1"> <u>During School Term</u> </p> <p class="Judg-Quote-1">(A)    The Father shall have access to the child on alternative weekends as follows:-</p> <p class="Judg-QuoteList-2">(i)    On Saturdays from 10 a.m. to 5 p.m.; and</p> <p class="Judg-QuoteList-2">(ii)   On Sundays from 10 a.m. to 12 p.m.</p> <p class="Judg-QuoteList-2">(iii)   If the Father has weekend access on Saturday and Sunday, the Mother will have the child for the next or following Saturday and Sundays. This way parties have alternate weekends with the child.</p> <p class="Judg-QuoteList-2">(iv)   On Tuesdays and Thursdays through video call from 6 p.m. for up to half an hour.</p> <p class="Judg-QuoteList-2">(v)    The Father is to bring the child for his enrichment and tuition class commitments as scheduled if it falls within his access.</p> <p class="Judg-Quote-1"> <u>During School Holidays in March, June and September every year</u> </p> <p class="Judg-Quote-1">(B)    The Father shall have access to the child on the above school holidays as follows:</p> <p class="Judg-QuoteList-2">(i)    In March and September Holidays on Tuesdays and Thursdays from 5 p.m. to 7 p.m.</p> <p class="Judg-QuoteList-2">(ii)   The alternative weekend access on Saturdays 10 a.m. to 5 p.m. and Sundays from 10 a.m. to 12 p.m. to continue for the Father as per prayer (Aiii) hereinabove.</p> <p class="Judg-QuoteList-2">(iii)   For June Holidays the Father to have access to child on Wednesday/Thursday/Friday from 10am to 5pm on the weekday where there is no weekend access for him. On that week (where he takes Wednesday – Friday from 10 a.m. to 5p.m.) there will be no Tuesday and Thursday access from 5 p.m. to 7 p.m.</p> <p class="Judg-QuoteList-2">(iv)   The Father is to bring the child for his enrichment and tuition class commitments as scheduled if it falls within his access.</p> <p class="Judg-Quote-1"> <u>During December School Holidays every year</u> </p> <p class="Judg-Quote-1">(C)    The Father shall have access to the child every December as follows:-</p> <p class="Judg-QuoteList-2">(i)    Monday to Friday from 10am to 5pm for (5 days) on any of the week that he does not get the weekend access of the child. On that week (where he takes the 5 day full access from 10 a.m. to 5 p.m.) there will be no Tuesday and Thursday access from 5 p.m. to 7 p.m.</p> <p class="Judg-QuoteList-2">(ii)   The alternative weekend access on Saturdays 10 a.m. to 5 p.m. and Sundays from 10 a.m. to 12 p.m. to continue for the Father as per prayer (Aiii) hereinabove.</p> <p class="Judg-QuoteList-2">(iii)   The Father is to bring the child for his enrichment and tuition class commitments as scheduled if it falls within his access.</p> <p class="Judg-Quote-1"> <u>Overseas Access</u> </p> <p class="Judg-Quote-1">(D)    The Father shall have no overseas travel access to the child until the child has completed his PSLE; and he (child) wishes to and is comfortable to travel with the father alone for an extended period of time. The Father is not allowed to bring the child overseas for more than 10 days each trip.</p> <p class="Judg-Quote-1">(E)    The Mother shall inform the Father of the travel plans only when the child travels overseas with her, at least 7 days before such trips. On business, office or work trips or if there are an emergency, if any, if the child is accompanying the Mother, she shall inform the Father at least 2 days prior to travel. The business, office work, emergency trips involving the child shall not be more than 10 days. The Mother shall allow for make up access to the Father upon return to Singapore, on the access not taken during such overseas trips.</p> <p class="Judg-Quote-1"> <u>Child-First Approach to Joint Custody</u> </p> <p class="Judg-Quote-1">(2)    Since the child will be going to Primary 4 in the year 2023 where the academic life of the child becomes more challenging the parties shall endeavor [sic.] to have mutual understanding on the following non-exhaustive matters:-</p> <p class="Judg-QuoteList-2">(i)    The Father is to understand that the child has to take up extra tuition and enrichment classes to better his academic performance at school in Singapore; and to prepare for PSLE in 2025. These classes will be fixed on weekdays and weekends most of the times; and the child is to have an adequate and healthy night routine during the school days especially to rest and recuperate the rigors of lessons and school activities of each school day, which will be in the best interest of the child.</p> <p class="Judg-QuoteList-2">(ii)   The Father is to ensure the child is able to continue and/or proceed with his academic and/or personal development pursuits without any disruption whatsoever especially when they fall within his access times. The Father must ensure that the child's homework/tuition work/sports commitments are met promptly and without disruptions during his access time.</p> <p class="Judg-QuoteList-2">(iii)   The Mother is entitled to fix any tuition or enrichment classes during the Father's access times if there are no other times available. In the event the tuition or enrichment classes are fixed, notice should be given via email to the Father forthwith so that he can bring the child to and from these classes.</p> <p class="Judg-QuoteList-2">(iv)   In the event the Father needs to change his weekend schedule or he is travelling and is unable to take access of the child, the Father must provide 7 days' notice of the same via email to the Mother, so that alternative arrangements can be made for the child.</p> <p class="Judg-QuoteList-2">(v)    The Father is not to turn up unannounced and/or early to take access of the child causing disruption of work to the Mother and disruption to plans for the child. The child will be sent for access on the day and time stated in the Order give or take 10 minutes and parties must be prepared to wait for the child. The Father is to pick up the child from the drop off point at the place of residence (as a default).</p> <p class="Judg-QuoteList-2">(vi)   The Father shall not bad mouth the Mother to the child or in his presence, to avoid causing the child alarm, hurt, sadness and/or fear to the child.</p> <p class="Judg-QuoteList-2">(vii)  The Father shall behave cordially and amicably in the presence of the child and shall not raise his voice or carry out any action or behaviour to put the child in an awkward, difficult, pressured, embarrassing and fearful situation.</p> <p class="Judg-QuoteList-2">(viii)  If the child is unwell or is tired either due to illness or due to exams anxiety especially during the mid-year and year-end exams, parties are to communicate on alternative access days to allow the child to focus on his studies exams and results.</p> <p class="Judg-QuoteList-2">(ix)   The Mother shall give make up access to the Father as much as possible whenever the Father misses his time with the child for purposes of the mid-year and year-end exams to allow the child sufficient time to practice and prepare for these exams.</p> <p class="Judg-QuoteList-2">(x)    Mode of communication between parties shall be email only. All email communication relating to the child moving forward shall be cordial, amicable and respectful. There shall not be any name calling, threats, demands and belittlement in the tone and intention of the email communication between parties.</p> <p class="Judg-Quote-1">The penal notice attached to the Order to be rescinded.</p> <p class="Judg-1"><a id="p1_6"></a>6       The Father objected to these requests and filed a cross application to vary the care and control of the child to him.</p> <p class="Judg-1"><a id="p1_7"></a>7       In May 2023, the two cases came before me. I heard counsel for the parties. I directed that I wished to interview the child. The case was adjourned for this purpose.</p> <p class="Judg-1"><a id="p1_8"></a>8       I interviewed the child with the assistance of a counsellor.</p> <p class="Judg-1"><a id="p1_9"></a>9       I considered the matter, and I issued my decision in writing to the parties in July 2023. My decision was to dismiss both applications.</p> <p class="Judg-1"><a id="p1_10"></a>10     The Mother appeals against my decision. The Father does not. I give the reasons for my decision here.</p> <p class="Judg-Heading-1">The Mother’s application</p> <p class="Judg-1"><a id="p1_11"></a>11     The Mother gives the following reasons for her requests:</p> <p class="Judg-2"><a id="p1_11-p2_1."></a>1.     It has been almost 5 years since the Order was made. At the time of the Order the child was not yet in primary school, but he now is in Primary 4. The Mother relies on this as a material change of circumstances. She says that the child is unable to cope with the shuttling between access and his studies.</p> <p class="Judg-2"><a id="p1_11-p2_2."></a>2.     The Father does not allow the child to do homework during access. This causes the child to fall behind.</p> <p class="Judg-2"><a id="p1_11-p2_3."></a>3.     The Mother is not able to arrange for extra tuition during the access period.</p> <p class="Judg-2"><a id="p1_11-p2_4."></a>4.     After returning from access, the child needs time to settle down which ends up with him sleeping late.</p> <p class="Judg-2"><a id="p1_11-p2_5."></a>5.     The weekday access can be replaced with telephone access.</p> <p class="Judg-2"><a id="p1_11-p2_6."></a>6.     There be no overnight on the weekend access, because the child is not comfortable staying over at the Father’s residence.</p> <p class="Judg-2"><a id="p1_11-p2_7."></a>7.     The Father’s insistence on the Mother’s strict compliance with the orders led to incidents such as in August 2022 where there was an incident which resulted in both parents launching personal protection applications against each other. Both applications were heard by the learned District Judge Amy Tung, and both were dismissed. The Mother argues that as long as there is a penal clause, there is a likelihood of such incidents again in the sight of the child, and this will emotionally devastate the child.</p> <p class="Judg-Heading-1">The Father’s response</p> <p class="Judg-1"><a id="p1_12"></a>12     The Father says that the access arranged in the Order was carried out at least until mid-2022. He claims that the Mother deliberately deprived him of weekday access by imposing tuition classes during this period.</p> <p class="Judg-1"><a id="p1_13"></a>13     The Father also says that the Mother unilaterally ceased the overnight access on weekends. The Father complains that this is against paragraph d of the Order directing parents to <em>“endeavour to agree on having overnight access sessions for the Father of longer durations”</em>.</p> <p class="Judg-1"><a id="p1_14"></a>14     The Father says that the Mother denied him the overseas access to Norway, and instead brought the Child for overseas trips herself to India and Switzerland, without giving him the 21-days notice required by the Order. He adds that these overseas trips by the Mother were for the purposes of her religious activities, which he does not agree to. He claims that the Mother ought to be restrained from involving the Child in her spiritual group meetings in India or other countries. He submits that the Mother has no regard to his opinion on the Child’s religion, that the Child ought not be involved in the spiritual activities until the Child comes of age and is able to discern for himself, and not to condition the Child towards what he refers to as the Mother’s “cult” religion. He points out that the Mother’s extreme zeal towards her religion leas her to publicly proselytise and remove the Child from school during school term to participate in overseas spiritual trips. The Father says that the child academic performance has plummeted.</p> <p class="Judg-1"><a id="p1_15"></a>15     The Father submits that to allow the Mother’s requests will be to legitimize her breaches of the Order.</p> <p class="Judg-1"><a id="p1_16"></a>16     The Father says that the Child has been enjoying access with him since the making of the Order. At the Father’s home, the Child has his own room and bed, toys, books, bicycle and other items. He claims that the Child is familiar with the environment and enjoys his time staying there. He says that the Child has a good relationship with him, his spouse, and the Child’s half-siblings. His spouse is a primary school English teacher and assists him to ensure the Child excels in the classes that he is aware of. He does not agree to the allegation that he did not facilitate the Child doing his homework.</p> <p class="Judg-Heading-1">Findings</p> <p class="Judg-1"><a id="p1_17"></a>17     My interview with the Child revealed a cheerful, energetic, eloquent, and confident boy. He was dressed sharply in a grey suit. He was of appropriate weight and height. Throughout the interview, he was inquisitive and not hesitant to ask questions without prompting. He clearly understood what he was there for. As he was getting bored of the conversation, he engaged me to play some toys with him. He was forthcoming and responded as well as a child of his age can be expected to. He did not appear to have been under undue influence or coaching.</p> <p class="Judg-1"><a id="p1_18"></a>18     I had promised the Child that the contents of the interview will remain private, so I shall not detail it here. I will instead state what my findings are regarding the case, based on the overall evidence presented to me as well as what I conclude from the interview.</p> <p class="Judg-1"><a id="p1_19"></a>19     I find as follows:</p> <p class="Judg-2"><a id="p1_19-p2_1."></a>1.     The Child has a loving and happy relationship with the Father, but he does not wish to live in the Father’s care and control. He is happy living with the Mother and her spouse.</p> <p class="Judg-2"><a id="p1_19-p2_2."></a>2.     The Child is happy being raised in the Mother’s beliefs. He enjoyed the trips to India with his Mother. I find no evidence showing that the Child is in need of protection from that.</p> <p class="Judg-2"><a id="p1_19-p2_3."></a>3.     It is therefore in the best interest of the Child to remain in the care and control of the Mother, and I dismissed the Father’s request to switch care and control to him.</p> <p class="Judg-2"><a id="p1_19-p2_4."></a>4.     The access scheme already put in place by the court is workable, and ought to remain in place. To retain the access scheme as it is will not be against the welfare or best interest of the Child. It is understandable that the Child may have to attend lessons or tuition on weekday evenings, but a reasonable care parent will endeavour to arrange for it to be on a non-access evening. If indeed there is no tuition available at all on any other evening, then it is reasonable to expect a discussion to ensue between the parents to shift the weekday evening access to another evening of the week as long as the tuition is ongoing.</p> <p class="Judg-2"><a id="p1_19-p2_5."></a>5.     Regarding the Mother’s request to vary the terms of the Father’s access during school holidays, I find the change to be unnecessary and complicating, and is not shown to be better in the interest of the Child.</p> <p class="Judg-2"><a id="p1_19-p2_6."></a>6.     On the Mother’s request to vary the Father’s overseas access, it is noteworthy that the Father has not yet exercised this so far. There has been no change in circumstances since the Order was made regarding this issue, so there is no basis to vary this aspect of the Order.</p> <p class="Judg-2"><a id="p1_19-p2_7."></a>7.     On the Mother’s prayers regarding how the Father ought to behave and approach the issue of joint custody, I find that they are superfluous. Parents must, in any case, work together to co-parent.</p> <p class="Judg-2"><a id="p1_19-p2_8."></a>8.     In any case, the circumstances do not call for the Court to direct any party how to parent the Child during their respective periods of care or access. The parents can, and ought to work within the parameters already set by the Court.</p> <p class="Judg-2"><a id="p1_19-p2_9."></a>9.     On the Mother’s request to remove the penal notice, the fact that the parents have been in continuous contention regarding the issue of parenting the Child is by itself reason why the penal notice on the order ought not to be removed.</p> <p class="Judg-2"><a id="p1_19-p2_10."></a>10.     In view of the above, I dismiss the Wife’s application.</p> </div></content></root> a89a17dc88a3ee2d938356ca61964d18b9d1bd5d

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