ZO v ZP

• Jurisdiction: Singapore
• Judgment Date: 25 May 2011
• Date: 25 May 2011
• Docket Number: Civil Appeals Nos 94 and 96
• Court: Court of Appeal (Singapore)

ZO

Plaintiff

and

ZP and another appeal

Defendant

[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]):

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 to the [wife's] residence after the catechism classes;

5. (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];

6. (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;

7. ...