Is it possible to have shared care and control of child Singapore?
Recently, a Judge in Hong Kong ruled that a Singaporean mother should have sole care and control of child but denied her application to relocate with the child to Singapore.
The couple are not married and the child’s Australian father had care and control previously.
In the words of Hong Kong High Court Judge Bebe Pui Ying Chu, “the main obstacle to a shared or joint are and control order at this stage is the complete lack of trust and respect, the high conflict and lack of collaboration and compromise between the parties”.
Long-drawn Court battle
Parties had litigated in Court for 3 years and failed to resolve their differences by way of mediation. A 5-day trial was held and financial matters have not been resolved yet.
The couple met in Hong Kong in 2010 and cohabited from 2012. The child was born in May 2013. They are PRs in Hong Kong. They planned to get married on 21 June 2014, but cancelled their wedding due to a quarrel.
Subsequently, the mother returned to Singapore with the child on 23 June 2014.
The father applied in Hong Kong for the custody, care and control of the child and for her to be returned to Hong Kong. On the other hand, the mother commenced Court action in Singapore. The father came to Singapore to stay the proceedings (stop the proceedings). Proceedings was stopped as the Judge in Singapore ruled that it was more appropriate for the case to be heard in Hong Kong.
The father then obtained a Court order in May 2015 in Hong Kong for care and control of the child.
While the Judge in Hong Kong recognized that the mother’s desire to relocate to Singapore is not based on selfish reasons, she held that it is best for the child to remain in Hong Kong for now. The father will have access to the child.
See: K.C. Vijayan, “Double-edged court ruling in three-year child custody tussle”, The Straits Times, 14 June 2017
Shared Care and Control of Child Singapore
Care and control of child Singapore is a major concern for many of my clients. Increasingly, I see more clients who request for shared care and control of child Singapore. The factors listed by the Judge in Hong Kong are important factors in the Court’s decision to grant shared care and control of child Singapore, or otherwise.
Parents need a certain level of trust and willingness to work together. In cases where one parent has sole care and control of child Singapore, the parent is the primary care taker and the person in charge of taking care of the child on a day-to-day basis. However, in cases of shared care and control of child Singapore, both parents are likely to spend an equal amount of time with the child. Hence, the parents need to be able to work together for the welfare of the child. This is one factor which the Court will consider before deciding if shared care and control of child Singapore is appropriate.
For more information on care and control of child Singapore, contact us today!