JUDGMENT

Vernon Ong Lam Kiat JC:

[1] The petitioner Mr. Tay Chuen Siang (Tay) and the respondent Madam Wang, Chiao-Wen (Wang) were married on 18 March 1998. They have two children a son Tay Jou On born on 3 March 2004 and daughter Tay Sei Yi born on 10 July 2005. On 26 June 2006 Tay petitioned the court for a dissolution of the marriage. In his amended petition Tay also asked for custody, care and control of the children. In this connection, it is necessary to set out the ancillary reliefs prayed for which are as follows:-

(i) Maintenance for both children to be borne by Tay;

(ii) Wang be restrained and prohibited from removing the children from Tay's custody and from taking the children out of Malaysia;

(iii) Wang be restrained from harming the children, physically, psychologically or emotionally in any manner whatsoever; and

(iv) Tay pay to Wang maintenance of Singapore Dollars $500 per month.

[2] At the hearing of the petition, learned counsel for Wang informed the court that Wang was not objecting to the dissolution of the marriage. However, Wang took issue on two matters. Firstly, Wang wanted custody, care and control of the children with reasonable access to Tay. Wang wanted RM2,000 per month as maintenance for the children. Secondly, Wang wanted for herself a lump sum maintenance of RM250,000 or in the alternative RM3,000 per month. Wang also wanted Tay to pay to her 50% share of Tay's EPF/CPF contributions for the period from 18 March 1998 to the date of order. The following affidavits filed by the parties were considered by the court:-

(1) Tay's affidavit affirmed on 16 June 2006.

(2) Wang's affidavit in reply affirmed on 1 August 2008.

(3) Tay's affidavit in reply affirmed on 6 October 2008.

(4) Wang's affidavit in reply affirmed on 17 October 2008.

(5) Tay's affidavit in reply affirmed on 23 October 2008.

(6) Wang's further affidavit affirmed on 20 January 2009.

(7) Tay's further affidavit affirmed on 3 February 2009.

Undisputed Facts

[3] The marriage was registered on 18 March 1998 at Johore Bahru. There are two children of the marriage. Tay is a Malaysian and works in Singapore. Wang is a Taiwanese national. The family leased/rented an apartment in Singapore as well as resided in Johore Bahru family home with Tay commuting between Johore Bahru and Singapore for work. Wang is a trained nurse but was a home maker during the marriage. The petition was filed on 16 June 2006. Initially, Tay prayed for custody care and control of their daughter whilst allowing Wang custody care and control of their son, with reasonable access granted to each other. On 14 September 2006 Tay filed an application seeking an injunction, custody care and control of the children and for a protection order against Wang. On 21 September 2006 the court granted an interim order for (i) an injunction against Wang from removing the children out of Malaysia; (ii) giving custody care and control of the children to Tay; and (iii) a protection order for the children. Subsequently on 28 August 2007 at the inter partes hearing of the application the court made the following orders pending the hearing of the petition (i) prohibiting Tay and Wang from removing the children out of Malaysia; (ii) granting custody care and control of the children to Tay with reasonable access to Wang; and (iii) protection order for the children against Wang.

Custody, Care And Control Of The Children

[4] Learned counsel for Tay submitted that as the children are below seven years of age the presumption in law is in favour of Wang the mother. However, the presumption is a rebuttable presumption. The primary consideration is the welfare of the children. Wang has demonstrated unstable and unreasonable conduct on a number of occasions towards the children and Tay. Firstly, it is contended that Wang had attempted suicide-murder of the daughter, then a baby less than one year of age. Secondly, Wang tried to jump out of a moving vehicle with the intention of harming herself and the son, then about two