ZO v ZP

JurisdictionSingapore
CourtCourt of Three Judges (Singapore)
Judgment Date25 May 2011
Date25 May 2011
Docket NumberCivil Appeals Nos 94 and 96

[2011] SGCA 25

Court of Appeal

Chao Hick Tin JA

,

Andrew Phang Boon Leong JA

and

V K Rajah JA

Civil Appeals Nos 94 and 96 of 2010

ZO
Plaintiff
and
ZP and another appeal
Defendant

Foo Siew Fong, Koh Tien Hua and Adriene Cheong (Harry Elias Partnership LLP) for the appellant in Civil Appeal No 94 of 2010 and the respondent in Civil Appeal No 96 of 2010;

Chelva R Rajah SC (Tan Rajah & Cheah) and Yap Teong Liang (T L Yap & Associates) for the respondent in Civil Appeal No 94 of 2010 and the appellant in Civil Appeal No 96 of 2010.

Women's Charter (Cap 353, 2009 Rev Ed) ss 112 (1) , 125 (2) (b) (consd)

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]):

  1. (a) The [wife] be granted sole custody, care and control of the three children of the marriage, subject to the following orders;

  2. (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;

  3. (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;

  4. (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...

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53 cases
  • Goh Keng Boey v Ong Jim Hwee
    • Singapore
    • Family Court (Singapore)
    • 28 May 2015
    ...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......
  • Giuseppe De Giosa v Shirin Carmel Marie Jacob
    • Singapore
    • Family Court (Singapore)
    • 16 March 2015
    ...AYQ v AYR [2012] SGCA 66 where the Court of Appeal at [16] reiterated the broad-brush approach towards the division of assets. In ZO v ZP [2011] SGCA 25 Andrew Phang Boon Leong, JA, at [23] put it succinctly “Ultimately, the court is directed to take a “broad-brush” approach to the process ......
  • TFU v TFV
    • Singapore
    • District Court (Singapore)
    • 9 September 2014
    ...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 ......
  • Chi Ping Huey v Yeo Whye Siah
    • Singapore
    • Family Court (Singapore)
    • 4 May 2015
    ...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......
  • Request a trial to view additional results
4 books & journal articles
  • Family Law
    • Singapore
    • Singapore Academy of Law Annual Review Nbr. 2015, December 2015
    • 1 December 2015
    ...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......
  • PROHIBITING PARENTAL PHYSICAL DISCIPLINE OF CHILD IN SINGAPORE
    • Singapore
    • Singapore Academy of Law Journal Nbr. 2014, December 2014
    • 1 December 2014
    ...Stage (Singapore: Academy Publishing, 2014). 28 See para 28 below. 29 Women's Charter (Cap 353, 2009 Rev Ed) ss 68, 69(2) and 127. 30 [2011] 3 SLR 647. The operative statutory provisions include ss 123-126 of the Women's Charter (Cap 353, 2009 Rev Ed). 31 See Leong Wai Kum, Principles of Fa......
  • Muslim Law
    • Singapore
    • Singapore Academy of Law Annual Review Nbr. 2014, December 2014
    • 1 December 2014
    ...an aside, it ought to be noted that this is aligned to the position taken by the civil courts in Singapore: see in this regard ZO v ZP[2011] 3 SLR 647. As the Appeal Board observed (Abdul Bashir at [19]) (after stating its general agreement with the proportions of matrimonial assets ascribe......
  • CUSTODY ISSUES – DIFFERENCES AND SIMILARITIES BETWEEN CIVIL AND SYARIAH COURTS IN SINGAPORE
    • Singapore
    • Singapore Academy of Law Journal Nbr. 2018, December 2018
    • 1 December 2018
    ...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......

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