ABV and Another v Child Protector

CourtJuvenile Court (Singapore)
JudgeWong Li Tein
Judgment Date02 September 2009
Neutral Citation[2009] SGJC 4
Citation[2009] SGJC 4
Published date09 September 2009
Plaintiff CounselA P Thirumurthy (Murthy & Co)

[EDITORIAL NOTE: The details of this judgment have been changed to comply with the Children and Young Persons Act and/or the Women's Charter]

2 September 2009

District Judge Wong Li Tein:

1 This is a case involving a female child aged 7 years and 7 months (DOB: 3 0 December 2001) (“the Child”) in need of care and protection under section 4(d) of the Children and Young Persons Act (“CYPA”) for being or is at risk of ill-treatment by her parent pursuant to a complaint laid by the Child Protection Services (“CPS”), Ministry of Community Development, Youth and Sports (“MCYS”) on 6 August 2009.

2 As with all complaints laid before the Juvenile (Children Care) Court by the CPS, I called for a Social Report to be prepared on the case and gave an interim order for the Child to reside in a Place of Safety, namely The Salvation Army Gracehaven, under section 49(1)(c) of the CYPA in the meantime, with other conditions. The case is fixed to be heard again for dispositional order on 30 October 2009.

3 The parents are dissatisfied with the interim order made on 6 August 2009 and are appealing against it.

Information available to the Court

4 As this case pertains to a fresh complaint laid by the CPS, the Social Report containing background facts to this case is not yet prepared. A case summary (“the Case Summary”) providing brief background information was presented for the purposes of lodging the complaint. However, this case is not unknown to the Court. The Child’s older sister, BM, aged 12 years 9 months, has been under the Court’s Care and Protection order under the same CYPA provisions since 2006. For this reason, the reasons for my decision cannot be fully explained without alluding to the case concerning BM.

Facts leading to MCYS’ Intervention

5 On 2 January 2003, the Child, then 2 years old, was referred to CPS as her mother (“the Mother”) was arrested and remanded for public nuisance-related charges. The Child could not be cared for by maternal grandparents as they were already taking care of her older sister, BM, then 8 years old. Furthermore, the Mother and maternal grandfather shared a strained relationship. In addition, the Child’s father (“the Father”) did not come forward with regards to the Child’s care arrangements. He did not turn up for an arranged interview with the CPS and refused to provide information on his residence. It was made known to the CPS that he has not been involved in the care of the children since he separated from the Mother in 2002. As such, the Child was placed under the care of a foster mother registered with MCYS.

6 Upon her discharge, the Mother demanded for the Child’s return. This was done was 27 February 2003 after the Mother found a babysitter for the Child. However, on 21 April 2003, she stopped sending the Child to the...

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