WKN v WKM [2023] SGHCF 25

Outcome: Appeal allowed.

Facts

1            The ancillary orders were made by consent, where both parents have joint custody of the Child who was 4 years old then. Father was given care and control, while the Mother was given liberal access (including overnight access) to the Child. The arrangement went on for five years until 9 November 2021, when the Child began to reside with Mother. Mother alleged emotional abuse and neglect of the Child by the Father and his domestic helper.

2            Mother’s application for variation of the ancillary orders was dismissed. Father’s cross-applications, to enforce the original orders and to have the Mother’s liberal access replaced by supervised access, were granted. Since 6 January 2023, the Child returned to live with the Father and the Mother’s access took place at DSSA. Mother appealed.

Court’s Decision:

3            Where a child is young and unable to voice her preferences, the best interests of the child will depend on the ability and attitudes of the parents. But when a child is older, the child’s views can be significant. The Child, being 11 years old, was sufficiently mature to decide which parent she wishes to live with.: at [8].

4            At the interview, the Child was adamant that she would be happier if the care and control arrangements were reversed. She did not appear to be coached or under the influence of either parent. The Child’s best interests would be served by reversing the original orders. That would place her in a comfortable environment where she could be in the right state of mind to focus on her studies, especially with the crucial PSLE next year.: at [8].

5            Father’s allegations against the Mother were made without leave of court to adduce fresh evidence. Even if true, they were not actions directed at the Child but as a means to an end, namely, to regain care and control. To this end, the Child’s bests interests lie with where she is happiest — and that is with her mother.: at [9].


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.