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WKM v WKN [2024] SGCA 1
Outcome: Appeal allowed.
Facts
1 The parties married and had their only child “C” in 2012. By consent, the parties were granted joint custody of C, with care and control to the Father and liberal access to the Mother. Alleging abuse of C by the Father and the Helper, the Mother appealed against the DJ’s decision to dismiss her variation application. After a judicial interview of C, the High Court allowed the appeal and reversed the order on care and control.
2 The Father’s application for permission to appeal was granted and updated child welfare reports were directed to be submitted to the court. In determining the issue on care and control and access arrangement, the Court of Appeal considered the use of judicial interviews of children and child welfare reports in family proceedings.
Court's Guidance:
Judicial Interviews
3 Judicial interviews are useful and whether such interviews should be conducted, how they should be conducted, and the weight to be placed on their content depend on the precise facts and circumstances of each case. It is a matter for the court to decide in the exercise of its discretion.: at [28], [34] and [45].
4 Judicial interviews, now also referred to in the FJC as “Judge and Child” sessions, are part of “Therapeutic Justice” (“TJ”) which underlies the entire approach to the resolution of family disputes.: at [40] to [42].
5 It is the judge who is deciding the case, based on the judge’s assessment of what is in the child’s welfare. While the child’s views as expressed during the interview will be considered by the judge, they are not determinative of the outcome.: at [57].
6 A judicial interview is but one of a number of options in the family justice system which the court may employ to ascertain a child’s views. The contents of a judicial interview should be assessed together with all other relevant information available to the judge, including child welfare reports.: at [60] to [63].
Child Welfare Reports
7 There is a range of investigative and therapeutic reports that a court may obtain to aid in its decision-making in relation to children’s issues. Reports by Child Representatives, court expert reports and certain CPS reports tendered in Youth Court proceedings are disclosed and available to the parties. There is no disclosure of the other categories of child welfare reports to the parties, including CPS reports tendered in divorce proceedings.: at [67] to [68].
8 Ensuring the confidentiality of such reports is required to provide a safe environment for the child to express his or her views honestly.: at [71].
9 The professionals’ observations serve as crucial insights into the child’s world and greatly assist the court by presenting the realities of the child’s situation. The court should, nevertheless, be very mindful that the information in the reports remain untested by cross-examination.: at [74].
Court's Decision:
10 C’s views in the judicial interview ought to have been considered against the contents of the Welfare Reports. This was especially important given the level of conflict and instability surrounding C in the previous two years, where the de facto care of C had been shifting between the parties.: at [79].
11 It was in the best interests of C for her to be given an opportunity to heal and rebuild her relationship with the Father without any interference from the Mother. Until the Mother had gained greater insight into the negative impact of her destructive behaviour, the court ordered that she should only be allowed limited interaction with C.: at [83].
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.
2024/10/07
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