ZO v ZP
| Court | Court of Appeal (Singapore) |
| Judgment Date | 25 May 2011 |
| Docket Number | Civil Appeals Nos 94 and 96 |
| Date | 25 May 2011 |
[2011] SGCA 25
Chao Hick Tin JA
,
Andrew Phang Boon Leong JA
and
V K Rajah JA
Civil Appeals Nos 94 and 96 of 2010
Court of Appeal
Family Law—Custody—Application to vary orders—Whether views of children should be taken into account by way of interviews with judge concerned—Section 125 (2) (b) Women's Charter (Cap 353, 2009 Rev Ed)
Family Law—Custody—Distinction between custody order and care and control order
Family Law—Custody—Joint orders—Restatement of principles governing grant of custody
Family Law—Custody—Joint orders—Wife awarded sole custody of children in absence of exceptional circumstances—Restatement of principles governing grant of custody—Whether husband should have been awarded joint custody of children
Family Law—Matrimonial assets—Division—Approach to be taken when dividing matrimonial assets
Family Law—Matrimonial assets—Division—Direct and indirect financial contributions—Whether direct financial contributions should be starting point for division—Section 112 (1) Women's Charter (Cap 353, 2009 Rev Ed)
Family Law—Matrimonial assets—Division—Whether sum of money contributed by husband's mother after marriage had broken down ought to be included in pool of matrimonial assets
The wife and husband appealed against orders made by the trial judge (‘the Judge’) in respect of custody, care and control of the children of the marriage, maintenance and division of matrimonial assets (see ZP v ZO [2010] SGHC 364 (‘the GD’)).
The Judge had made the following orders with regard to the issue of custody, care and control (which includes access orders) (see the GD at [5]):
-
(a) The [wife] be granted sole custody, care and control of the three children of the marriage, subject to the following orders;
-
(b) Prior to any decision being made on the change of school, course of study or major education milestones, both parties shall consult the child, her teachers and each other, and shall agree to a decision, failing which either party is at liberty to apply to court within a reasonable time;
-
(c) The [wife] shall inform the [husband] of all meetings with the children's school teachers, children's performances and other school events to which parents may be invited and the [husband] is at liberty to attend them;
-
(d) The children of the marriage shall continue their catechism classes at [XXX] Church and the [husband] shall fetch the children from the [wife's] residence on the weekend when the children are with the [wife] to take them for their catechism classes and return the children to the [wife's] residence after the catechism classes;
-
(e) If it is the practice of [XXX] Church to issue reports to parents on the child's spiritual development, the [husband] is to promptly forward such reports to the [wife];
-
(f) The [husband] shall take the three children of the marriage for their regular checkups with the dentist and optometrist and the [husband] shall bear all costs associated with such checkups;
-
...
To continue reading
Request your trial
-
Goh Keng Boey v Ong Jim Hwee
...the temptation to lapse into a minute scrutiny of the conduct and efforts of both spouses” (NK v NL [2007] 3 SLR (R) 743). In ZO v ZP [2011] 3 SLR 647, the Court of Appeal further emphasized that direct and indirect contributions are to be given due weight and no single factor is determinat......
-
VWM v VWN
...or circumstances necessitating a sole custody order (see CX v CY [2005] 3 SLR(R) 690 (“CX”) at [36] to [38]; ZO v ZP and another appeal [2011] 3 SLR 647 at paragraph 2 of the headnote). As to what would constitute such exceptional circumstances, this is a fairly high threshold which would i......
-
VYG v VYH
...The age at which the child’s views should be considered is not fixed. In the Court of Appeal decision in ZO v ZP and another appeal [2011] 3 SLR 647, Andrew Phang JA considered that the views of the children aged 16, 13 and nine years of age could be taken into consideration on the issue of......
-
TFU v TFV
...112(2) requires the Court to consider all the circumstances of the case and the factors listed therein. In ZO v ZP and another appeal [2011] SGCA 25, the Court of Appeal held that both direct and indirect contributions are to be given due weight and no single factor is determinative of the ......
-
CUSTODY ISSUES – DIFFERENCES AND SIMILARITIES BETWEEN CIVIL AND SYARIAH COURTS IN SINGAPORE
...they shared with multiple agencies through data analytics and insights, their programmes and processes. 129 Cap 353, 2009 Rev Ed; ZO v ZP[2011] 3 SLR 647. 130[2016] SGHCF 1. 131 See paras 42–46 above. 132(2009) 3 SSAR 174. 133 David Hodson, “When Religion Meets Family Law: Aspect of the Eng......
-
Family Law
...This case is yet another development in the new family justice landscape mentioned above and a natural extension of cases such as ZO v ZP[2011] 3 SLR 647 (which held (at [15]) that in applications to vary custody orders, the views of the children should be taken into account by way of judic......
-
Family Law
...to the children's upbringing. Nor was an order for sole custody, as the Court of Appeal had confirmed in recent cases such as ZO v ZP[2011]3 SLR 647 that the threshold established in CX v CY is indeed a highone. In the circumstances, conditional joint custody was perhaps the most logical op......
-
Family Law
...Custody of children 15.7 Six years after the landmark decision in CX v CY[2005] 3 SLR(R) 690 (CX v CY), the Court of Appeal in ZO v ZP[2011] 3 SLR 647 (ZO (CA)) stressed the importance of the principles enunciated therein. The High Court decision of ZP v ZO[2010] SGHC 364 was criticised in ......