ACU v ACR: Child Custody, Care & Control, Matrimonial Asset Division in Divorce

In the divorce case of *ACU v ACR*, the High Court of Singapore heard an appeal regarding the District Judge's decision on ancillary matters. The primary legal issues concerned the custody, care, and control of the two children, the division of the matrimonial flat, and maintenance. The court granted joint custody to both parents, care and control to the Wife, ordered the sale of the matrimonial flat with the Wife receiving $14,000 from the proceeds, and directed the Husband to pay $800 monthly in child maintenance. The Wife's appeal was allowed in part.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving ACU and ACR concerning child custody, care and control, division of matrimonial assets, and maintenance. The High Court granted joint custody to both parents, care and control to the Wife, and ordered the sale of the matrimonial flat.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ACUAppellant, DefendantIndividualCare and control grantedWon
ACRRespondent, PlaintiffIndividualAppeal dismissed in partLost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Grace Malathy d/o PonnusamyGrace M & Associates
Mahendra S SegeramSegeram & Co

4. Facts

  1. The Wife and Husband were married on 15 May 2001 and have two children.
  2. An interim judgment of divorce was granted on 20 August 2008.
  3. The Wife sought care and control of the children and a 40% share of the matrimonial flat's proceeds.
  4. The District Judge granted joint custody, care and control to the Husband, and ordered the Wife to transfer her interest in the flat for $14,000.
  5. The Wife appealed the District Judge's decision.
  6. The Wife had a history of reactive depression and a prior theft conviction.
  7. The Husband paid approximately $115,000 towards the acquisition of the matrimonial flat.
  8. The Wife's mental health was a major issue in the appeal, with the Husband citing a suicide threat.
  9. The Wife presented a medical report stating she did not suffer from any psychiatric impairment that would inhibit her from caring for her children.

5. Formal Citations

  1. ACU v ACR, Divorce No 4940 of 2007 (RAS No 139 of 2009 and Summons 9958 of 2010), [2010] SGHC 322

6. Timeline

DateEvent
Marriage of ACU and ACR
Interim judgment granted in divorce proceedings
Social Welfare Report submitted at trial
District Judge Sowaran Singh issued orders on ancillary matters
Stay of execution ordered by Deputy Registrar Regina Ow-Chang Yee Lin
First hearing of the appeal
Wife filed application for leave to adduce fresh affidavit evidence
Second hearing of the appeal
Wife's new employment letter issued
Appeal fixed for hearing
Interview with parents and children
Final hearing of the appeal
Decision Date

7. Legal Issues

  1. Child Custody
    • Outcome: Joint custody granted to both parents.
    • Category: Substantive
  2. Care and Control of Children
    • Outcome: Care and control granted to the Wife.
    • Category: Substantive
  3. Division of Matrimonial Assets
    • Outcome: Matrimonial flat ordered to be sold, with the Wife receiving $14,000 from the proceeds.
    • Category: Substantive
  4. Child Maintenance
    • Outcome: Husband ordered to pay $800 monthly in child maintenance.
    • Category: Substantive
  5. Admissibility of Fresh Evidence
    • Outcome: The court allowed the Wife to adduce a medical report as fresh evidence but rejected other pieces of evidence.
    • Category: Procedural

8. Remedies Sought

  1. Care and control of the children
  2. Sole discretion in determining issues relating to the education and choice of schools of the two children
  3. Order of sale of the matrimonial flat with her being entitled to 40% of the net proceeds of sale
  4. Monthly maintenance for the children
  5. Increased access to the children

9. Cause of Actions

  • Divorce
  • Ancillary Matters (Custody, Care and Control, Division of Matrimonial Assets, Maintenance)

10. Practice Areas

  • Family Litigation
  • Divorce
  • Child Custody Disputes

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ladd v MarshallEnglish Court of AppealYesLadd v Marshall (1954) 1 WLR 1489England and WalesCited for the three-part rule on admitting fresh evidence at an appeal.
Lian Soon Construction Pte Ltd v Guan Qian Realty Pte LtdSingapore Court of AppealYes[1999] 1 SLR(R) 1053SingaporeCited for the principle that a Judge in Chambers hearing a Registrar’s Appeal is free to admit fresh evidence without special grounds.
Hua Khian Ceramics Tiles Supplies Pte Ltd v Torie Construction Pte LtdSingapore High CourtYes[1991] 2 SLR(R) 901SingaporeDistinguished from Lian Soon Construction regarding the application of the Ladd v Marshall criteria.
Evans v BartlamHouse of LordsYesEvans v Bartlam [1937] AC 473England and WalesCited in Lian Soon Construction for the principle that a Judge in Chambers treats the matter as though it came before him for the first time.
G (formerly P) v P (Ancillary Relief: Appeal)English Court of AppealYesG (formerly P) v P (Ancillary Relief: Appeal) [1977] 1 WLR 1376England and WalesCited for the practice that in appeals to a judge in chambers, the judge treats the appeal as a first instance hearing which includes the freedom to admit fresh evidence.
Barder v CaluoriHouse of LordsYesBarder v Caluori [1988] AC 20England and WalesCited for approving the finding in G (formerly P) v P (Ancillary Relief: Appeal).
Lassiter Ann Masters v To Keng Lam (alias Toh Jeanette)Singapore Court of AppealYes[2004] 2 SLR(R) 392SingaporeDistinguished from Lian Soon Construction regarding appeals from a Registrar’s assessment of damages.
WBG Network (S) Pte Ltd v Sunny Daisy LtdSingapore Court of AppealYes[2007] 1 SLR(R) 1133SingaporeElaborated on the court's position in Lassiter.
CX v CY (minor: custody and access)Singapore Court of AppealYes[2005] 3 SLR(R) 690SingaporeCited as authority suggesting that in child welfare cases as in all others, an appellate court should be slow to overturn an exercise of discretion by the judge below and for the view that joint custody should be the norm in custody orders.
Louis Pius Gilbert v Louis Anne LiseSingapore High CourtYes[1999] 3 SLR(R) 402SingaporeStates a contrary view to Lian Soon Construction regarding appeals from a District Judge in Chambers to a Judge in Chambers.
Soh Chan Soon v Tan Choon YockSingapore High CourtYes[1998] SGHC 204SingaporeDistinguished from the present case as that appeal was from a District Court to a High Court under Order 55D of the Rules of Court and not O 55C.
Soon Peck Wah v Woon Che ChyeSingapore Court of AppealYes[1997] 3 SLR(R) 430SingaporeCited for the principle that a mother’s bond with young children is stronger than that of a father’s.
Cheok Wah Jin v Guo Xiao Ying (m.w.)Singapore District CourtYes[2003] SGDC 72SingaporeCited as persuasive regarding the mother's mental health and her ability to care for the children.
Lee Nyuk Lian v Lim Nia YongSingapore High CourtYes[2007] 2 SLR(R) 905SingaporeCited by Ms. Malathy as relevant to the facts of this appeal regarding the division of matrimonial properties based on indirect contributions, but distinguished due to different facts.

13. Applicable Rules

Rule Name
Order 55C of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R5, 2006 Rev Ed)Singapore
Women’s Charter (Cap 353, 1997 Rev Ed)Singapore
Penal Code (Cap 225, 1985 Rev Ed)Singapore
Women's Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Care and control
  • Joint custody
  • Matrimonial flat
  • Ancillary matters
  • Reactive depression
  • Fresh evidence
  • Parenting plan
  • Access
  • Maintenance
  • Primary caregiver

15.2 Keywords

  • Divorce
  • Child custody
  • Care and control
  • Matrimonial assets
  • Singapore
  • Family law
  • Appeal

17. Areas of Law

Area NameRelevance Score
Family Law95
Child Custody90
Divorce90
Child Support85
Children's Welfare80
Matrimonial Assets80
Division of Assets75
Maintenance70
Civil Procedure10
Evidence10
Contract Law5
Breach of Contract5
Contracts5
Construction Contracts5

16. Subjects

  • Family Law
  • Divorce
  • Child Custody
  • Matrimonial Assets
  • Civil Procedure