XFF v XFG [2024] SGHCF 45

Outcome: Appeal Allowed.

Facts

1     The parties were married for about ten years and IJ was granted in February 2024. They have two children together, a boy and a girl (twins). The mother was awarded interim sole care and control of the children, and the father appealed.

Court’s Decision:

2     The father ought to be given a bigger role in the interim care of the children, pending the hearing of the ancillary matters and determination of the final care arrangements for the children.: at [2].

3     Given that the father, mother and children are staying in the same flat, there would be minimal disruption to the children’s lives as compared to the usual form of shared care and control arrangements which would require the children to be ferried between two different houses – often a distance away.: at [5].

4     The father’s full-time employment should not be counted as a factor against granting him care and control (shared) over the children when compared to the mother’s role as a freelancer. Full-time employment is an ordinary part of daily live, and the critical inquiry is whether he makes time for the children, which he does.: at [5].

5     Although acrimony between parents is one factor that should be accounted for when considering a shared care and control arrangement, it does not automatically nullify such an option. The court has to take a close look at the facts of each case to see if a shared care and control arrangement would be unworkable because of the acrimony, and if it would be in the best interests of the children.: at [6].

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.