VF v VG

• Jurisdiction: Singapore
• Judge: Jeffrey Sim Mong Heng
• Judgment Date: 30 November 2007
• Neutral Citation: [2007] SGDC 321
• Court: District Court (Singapore)
• Year: 2007
• Published date: 13 February 2008
• Plaintiff Counsel: Koh Geok Jen (Jen Koh & Partners)
• Defendant Counsel: Foo Siew Fong and Nicole Loh (Harry Elias Partnership)
• Citation: [2007] SGDC 321

[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]

30 November 2007 Judgment reserved.

District Judge Jeffrey Sim:

1 The parties were married on 27 June 1998. There are two children from the union, namely a son born in October 2001 and a daughter born in July 2003.

2 On 18 November 2005, the husband filed this divorce petition against the wife on the ground of her unreasonable behaviour. The wife filed a cross-petition against the husband on 29 December 2005 based on his unreasonable behaviour. Eventually, after mediation, the husband withdrew his petition and a decree nisi was granted on the wife’s cross-petition with amended particulars on 21 April 2006.

3 The ancillary matters, which were all contested, came before me for hearing subsequently and I made the following orders:

(a) Both parties shall have joint custody of the two children of the marriage, with care and control to the wife and reasonable access to the husband.

(b) Pending any further orders or the parties’ agreement on access, the husband shall have interim access to the two children as follows:

(i) every Friday from 7.00pm to Saturday 9.00pm;

(ii) every Wednesday from 6.30pm to 9.00pm;

(iii) alternate public holidays from 7.00pm on the eve of the public holiday to 9.00pm on the public holiday itself. Public holidays shall include school holidays such as Children’s Day and PSLE marking days;

(iv) the first half of the March, June, September and year end school holidays;

(v) from 11.00am to 8.00pm on Father’s Day and the husband’s birthday if it is not a school day, otherwise from 6.30pm to 9.00pm. In the event that the husband’s access falls on the wife’s birthday, he shall not have access on that day from 11.00am to 8.00pm;

(vi) from 11.00am to 4.00pm on the children’s birthdays if it is not a school day, otherwise from 6.30pm to 8.00pm;

(vii) on alternate years with effect from 2008, from 5.00pm on Chinese New Year eve to 9.00pm on the first day of Chinese New Year. On the other years, from 5.00pm on the first day of Chinese New Year to 9.00pm on the second day of Chinese New Year;

(viii) both parties are at liberty to take the children out of the jurisdiction with at least seven day’s prior written notice being given to the other party of the itinerary and accommodation details. The wife shall hand the children’s passports to the husband upon receipt of the notice and the husband shall return the passports to the wife upon his return of the children to the wife;

(ix) for the access from 6.30pm to 9.00pm, the husband shall pick up and return the children at the void deck of the wife’s residence. For the other access, the husband shall pick up the children at the start of the access at the void deck of the wife’s residence and the wife shall pick them up at the end of the access at the void deck of the husband’s residence. In the event that the parties are unable to personally attend to pick up or return the children, in the case of the husband, his mother, and in the case of the wife, either of her parents shall be at liberty to do so.

(c) Both parties shall attend a parenting workshop at a venue and dates to be fixed.

(d) The matrimonial flat at xxx (‘the matrimonial flat’) shall be sold in the open market. The sale proceeds shall be used to repay the outstanding housing loan and all moneys due to the Housing and Development Board (‘HDB’) and refund the parties’ Central Provident Fund (‘CPF’) moneys used to pay for the matrimonial flat with accrued interest, in accordance with the CPF regulations. Both parties shall bear the costs and expenses of the sale equally.

(e) Both parties shall retain the other assets in their own names.

(f) Both parties’ names shall be removed as beneficiaries of the other party’s insurance policies.

(g) The husband shall pay the wife monthly maintenance of $1 for herself on the first day of every month with effect from 1 November 2007.

(h) The husband shall pay the wife monthly maintenance of $3,200 for the two children on the first day of every month with effect from 1 November 2007.

(i) Liberty to apply.

(j) No order as to costs for the ancillary matters.

4 Both parties have on 30 October 2007 appealed against various parts of my orders. In his notice of appeal, the husband prayed for the following orders:

(a) That for purposes of joint custody:

Education:

(i) Parties are to communicate in writing through a designated email address, in the husband’s case, the wife shall write to him at xxx.

(ii) In the event there is any change in either party’s residential address, home telephone number and mobile telephone number, each party is to inform the other of such change within seven days by updating the relevant details accordingly.

(iii) Both parties are to agree on choice of schools for the children.

(iv) If one parent does not have care and control of any one child, both parties to agree to furnish copies of the children’s school calendar, school report books, progress reports, any notices or letters pertaining to school activities within two days of receipt of such documents with this correspondence to be exchanged via email through the parties’ designated email addresses. In particular, the party holding the child(ren)’s handbook/s shall make copies available to the other party on the 1^st day of every calendar month.

Health

(v) The party having care and control of the child(ren) shall consult and inform in writing with the other parent all decisions pertaining to the child(ren)’s health including treatment sought, name(s) of attending doctors and diagnosis made.

(vi) For non-emergency procedures, the consent of the other party must be sought at least seven clear days in advance. For emergency procedures, the party who has physical care of the child(ren) at that time shall inform the other party within two hours of such emergency procedures.

Care and control of the son

(b) That the husband shall have care and control of the son with terms of access to the wife.

(c) Alternatively, if care and control of the son is not with the husband, that the husband shall have access to both children of the marriage, as follows:

(i) on the 1^st and 3^rd weekend, every Friday after school to Saturday 9pm;

(ii) on the 2^nd, 4^th and 5^th weekend (if any), every Friday after school to Sunday 10am;

(iii) every Wednesday 6.30pm to 9pm;

(iv) alternate public holidays from 7pm on the eve of the public holiday to 9pm on the public holiday itself. Public holidays shall include school holidays such as Children’s Day and PSLE marking days. For the avoidance of doubt, both children shall be handed over for purposes of access regardless if they are in childcare centres or formal schooling;

(v) with effect from November 2007, on odd years, the husband shall have access to both children on the 1^st half of the March, June, September and year end school holidays. Access will start from the eve of the 1^st day at 6.30pm to the last day of the husband’s entitlement to that half at 9 pm. On even years, the husband shall have access to both children on the 2^nd half;

(vi) from 7pm on the eve of Father’s Day or the eve of the husband’s birthday from 7pm to the actual day itself at 9 pm if Father’s Day or the husband’s birthday falls on a non-school day. In the event that the husband’s birthday falls on a school day, then 6.30pm to 9pm;

(vii) from 7pm on the eve of the children’s birthdays to the actual day itself at 4pm if the children’s birthdays fall on a non-school day. In the event that the children’s birthdays fall on a school day, then 6.30pm to 9pm;

(viii) on alternate years with effect from 2008, from 5pm on Chinese New Year eve to 9pm on the first day of Chinese New Year. On the other years, from 5pm on the first day of Chinese New Year to 9pm on the 2^nd day of Chinese New Year;

(ix) both parties are at liberty to take the children out of the jurisdiction with at least seven days’ prior written notice of the itinerary and accommodation details. The wife shall hand the children’s passports to the husband upon receipt of the notice and the husband shall return the passports to the wife upon his return of the children to the wife;

(x) for access from 6.30pm to 9pm, the husband shall pick up and return the children at the void deck of the wife’s residence. For the other access, the husband is to pick up the children at the start of access at the void deck of the wife’s residence and the wife is to pick them up at the end of access from the void deck of the husband’s residence. In the event that the parties are unable to personally attend to the pick up and return the children, in the case of the husband, his mother and in the case of the wife, either of her parents shall be at liberty to do so;

(xi) the husband shall be entitled to telephone access with both children between 8pm and 8.30pm daily. In the event that the children are not at home at the wife’s residence, then the husband shall contact the children via the wife’s mobile phone;

(xii) the husband shall be entitled to make up access by proportionately extending his access period to the children during his access entitlement for the March, June, September and year end holidays;

(xiii) in the event that the children are requested by either party to attend special functions, written consent should be obtained from the other parent at least seven days in advance and make up access is to be agreed and put in place at least 24 hours before the children are handed over for purposes of these special functions.

Maintenance

(d) That if the husband has care and control of the son, then each party is to maintain the child who is under the respective parties’ care and control.

(e) In the event that the husband does not have care and control of the son, then the husband shall pay a sum of $750 per month towards both children’s maintenance; alternatively, a just and fair sum as this Honourable...