XWP v XWQ

XWP v XWQ

The court dismissed applications to vary the consent order with respect to custody, care and control because there was no material change or unworkability warranting sole custody and the child was thriving under shared arrangements; however, the court rescinded the requirement for the father to deposit S$20,000 each time he travelled with the child and ordered that when German and Swiss passports are issued the father may retain them while the mother retains the Singapore passport, because there was no evidential risk of abduction and the deposit condition was futile and unnecessary.

Citation
[2025] SGFC 140
Parties
Plaintiff (husband/father): XWP; Defendant (wife/mother): XWQ
Court
Family Court
Jurisdiction
Singapore
Judgment Date
9 January 2026
Case Number
FC/D 5053/2022 ( FC/SUM 2035/2024,FC/SUM 1749/2024 ) |HCF/DCA 121/2025
Procedural Posture
Family Court Divorce Proceedings (divorce No 5053 of 2022) / Judgment on Summonses for Variation of Consent Order; Appeal Filed and Extension of Time Granted
Outcome
Applications for variation dismissed; consent order of 3 April 2023 largely maintained; travel deposit requirement rescinded; passport custody adjusted
Legal Topics
Variation of Consent Order, Shared Care and Control, Sole Custody, Overseas Travel and Passport Retention, Security Deposits for Travel, Sections 128 and 129 Women's Charter
Source Language
English
Family Law Child Custody and Care International Family Law Family Court Procedure Variation of Consent Order Shared Care and Control Sole Custody Overseas Travel and Passport Retention +2 more

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Parties

XWP

Plaintiff (husband/father)

XWQ

Defendant (wife/mother)

Procedural Posture

Family Court Divorce Proceedings (divorce No 5053 of 2022) / Judgment on Summonses for Variation of Consent Order; Appeal Filed and Extension of Time Granted

Legal Issues

  1. 1 Whether the consent order for joint custody and shared care and control should be varied
  2. 2 Whether sole custody should be awarded to the mother
  3. 3 Whether the S$20,000 deposit requirement for father's overseas travel should be rescinded

Ratio Decidendi

The court dismissed applications to vary the consent order with respect to custody, care and control because there was no material change or unworkability warranting sole custody and the child was thriving under shared arrangements; however, the court rescinded the requirement for the father to deposit S$20,000 each time he travelled with the child and ordered that when German and Swiss passports are issued the father may retain them while the mother retains the Singapore passport, because there was no evidential risk of abduction and the deposit condition was futile and unnecessary.

Court Disposition

Applications for variation dismissed; consent order of 3 April 2023 largely maintained; travel deposit requirement rescinded; passport custody adjusted

Orders

  • Applications for variation of the consent order dismissed and joint custody with shared care and control maintained in accordance with the consent order dated 3 April 2023
  • Requirement for the father to deposit S$20,000 with his solicitors each time he travels overseas with the child is rescinded