VRI v VRH [2023] SGHCF 8

Outcome: Appeal dismissed, save that suspension of contempt is varied.

Facts

1            The Mother was committed on seven counts of contempt for breach of orders pertaining to access to the children (the “Access Order”). The Mother appealed against the DJ’s committal order. 

Court’s Decision:

2            For an alleged offender to be held in contempt of court, it must be first shown that the offender’s act or omission was in breach of what the underlying court order required the offender to do. Second, the necessary intention must be established, which is that the act or omission must have been intentional and carried out with knowledge of the facts which made it a breach of the court order. The motive or reasons for the offender’s breach are not the focus of this mens rea inquiry. Instead, it is sufficient that the act or omission was intentional, and at the time of doing so the offender had knowledge of the underlying court order.: at [4].

3            For the defence under s 21 of the Administration of Justice (Protection) Act 2016 (2020 Rev Ed) to be applicable, the Mother must have honestly and reasonably failed to understand the obligations of the Access Order. An obstinate adherence to an incorrect belief in the face of truth cannot exculpate an offender from the breach of a court order. In this case, there was ample opportunity presented to the Mother that should have prompted her to clarify her wrongly-held belief.: at [11].

4            As the parent who has care and control over the Children, and having full knowledge of the court ordered access arrangements, the Mother had a duty to take positive steps to enforce the Access Order after learning that the Children were not acting in compliance with it.: at [16].

5            In situations such as that in this case, committal proceedings serve as an avenue of last resort to impress upon parties not only the gravity of a court ordered access regime, but more importantly, the fundamental need for children to have the presence of both sets of parents feature strongly in their lives.: at [22].



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.