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CX v CY (minor: custody and access) [2005] SGCA 37
Outcome: Appeal dismissed
3 “Care and control” concerns day-to-day decision-making, while residual “custody” concerns the long-term decision-making for the welfare of the child: at [31].
4 Generally, joint or no custody orders should be made, with sole custody orders being an exception to the rule. Joint custody can still be ordered even if there is an apprehension that the parties may be unable to agree as this is a move in the right direction in support of joint parenting: at [24] and [29].
5 The exceptional circumstances where sole custody orders are made may be where one parent physically, sexually, or emotionally abuses the child, or where the relationship of the parties is such that co-operation is impossible even after the avenues of mediation and counselling have been explored, and the lack of co-operation is harmful to the child: at [38].
The full text of the decision can be found here.
This summary is provided to assist the public to have a better understanding of the Court’s judgment. It is not intended to be a substitute for the reasons of the Court. All numbers in bold font and square brackets refer to the corresponding paragraph numbers in the Court’s judgment.
Facts
1 The Mother appealed against a decision of the High Court granting parties joint custody of their child. She sought an order for sole custody.Court’s Decision:
2 The Court of Appeal dismissed the appeal.3 “Care and control” concerns day-to-day decision-making, while residual “custody” concerns the long-term decision-making for the welfare of the child: at [31].
4 Generally, joint or no custody orders should be made, with sole custody orders being an exception to the rule. Joint custody can still be ordered even if there is an apprehension that the parties may be unable to agree as this is a move in the right direction in support of joint parenting: at [24] and [29].
5 The exceptional circumstances where sole custody orders are made may be where one parent physically, sexually, or emotionally abuses the child, or where the relationship of the parties is such that co-operation is impossible even after the avenues of mediation and counselling have been explored, and the lack of co-operation is harmful to the child: at [38].
The full text of the decision can be found here.
This summary is provided to assist the public to have a better understanding of the Court’s judgment. It is not intended to be a substitute for the reasons of the Court. All numbers in bold font and square brackets refer to the corresponding paragraph numbers in the Court’s judgment.
2022/01/12
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