BDC v BDD

BDC v BDD

Applicant failed to demonstrate any of the established grounds for leave to appeal; there was no material change in circumstances justifying variation of the Consent Order and the District Judges decision to refuse variation was not erroneous; therefore leave to appeal and the appeal were dismissed.

Source-derived case information.

Citation
[2012] SGHC 211
Parties
Plaintiff (the Wife): BDC; Defendant (the Husband): BDD
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
22 October 2012
Case Number
Originating Summons No 792 of 2012/D
Procedural Posture
Divorce; Custody/variation of Consent Order (part X Womens Charter) / Originating Summons No 792 of 2012 for Leave to Appeal to Court of Appeal After High Court Dismissal of Registrars Appeal No 78 of 2012 (appeal From District Court Decision)
Outcome
Application for leave to appeal dismissed; High Court appeal dismissed.
Legal Topics
Variation of Consent Order, Leave to Appeal, Material Change of Circumstances, Custody and Care and Control, Womens Charter S128
Source Language
english
Family Law Child Custody Appellate Procedure Guardianship Variation of Consent Order Leave to Appeal Material Change of Circumstances Custody and Care and Control +1 more

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Parties

BDC

Plaintiff (the Wife)

BDD

Defendant (the Husband)

Procedural Posture

Divorce; Custody/variation of Consent Order (part X Womens Charter) / Originating Summons No 792 of 2012 for Leave to Appeal to Court of Appeal After High Court Dismissal of Registrars Appeal No 78 of 2012 (appeal From District Court Decision)

Legal Issues

  1. 1 Whether leave to appeal to the Court of Appeal should be granted under the Transfer Order and s28A framework
  2. 2 Whether there was a material change in circumstances warranting variation of the Consent Order under s128 Womens Charter
  3. 3 Whether the District Judge erred in refusing to vary custody, care and control

Ratio Decidendi

Applicant failed to demonstrate any of the established grounds for leave to appeal; there was no material change in circumstances justifying variation of the Consent Order and the District Judges decision to refuse variation was not erroneous; therefore leave to appeal and the appeal were dismissed.

Court Disposition

Application for leave to appeal dismissed; High Court appeal dismissed.

Orders

  • High Court appeal (Registrars Appeal No 78 of 2012) dismissed
  • Originating Summons No 792 of 2012 for leave to appeal to the Court of Appeal dismissed