WYH v WYG [2024] SGHCF 34

Outcome: Appeal Dismissed.

Facts

1            The parties entered a consent order in 2021, which included payment of $1,000 maintenance for each child. On 5 July 2022, the court granted the mother’s application to vary the children’s maintenance to $1,500 a month for each child (the “2022 orders”). The court also imposed an additional $800 for each child on an annual basis for additional expenses. A year later, the father applied to vary the 2022 orders. The application was dismissed, and the father appealed.

Court’s Decision:

2            Orders by consent are not like litigated judgments which the parties can appeal according to the rules of appeal. When a party is not happy with a court order regarding maintenance to which he consented, he has first to apply, not to appeal, but to vary the consent order.: at [4].

3            Different considerations apply to an application to vary than those to an appeal. One such consideration is that the court may not be sympathetic to matters that could have been foreseen when the consent order was entered into.: at [5].

4          The party has to show that the variation is reasonable and for the welfare of the child: s 127(2) read with s 73 of the Women’s Charter 1961 (2020 Rev Ed). One such consideration is whether there is a material change of circumstances.: at [6].

5            The present application by the father to vary the 2022 orders was filed on 18 October 2023. It is far too late to appeal against the 2022 orders, and this application should not be used as an alternative route to appeal out of time. In any event, it is futile to apply for a variation when the father has not shown any change of circumstances.: at [12].

The full text of the decision can be found here. 

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