JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] There are three sets of legal proceedings between the plaintiff and the defendant: two in the Family Court and one in the Civil Court . The Family Court proceedings consist of the present suit and another vide Originating Summons No WA-24F-216-06/2022 ("Suit No 216") [Low Huei Ying v. Andrew Gregory Sewell], both of which concern applications relating to custody and access to the Parties' child.

[2] The Civil Court proceedings comprise Suit No WA-22NCvC-257-05/2022 ("Suit No 257") [Low Huei Ying & Anor v. Andrew Gregory Sewell; [2025] 5 AMR 166], commenced by the defendant in this suit. In that action, the Defendant sought, among other reliefs, an injunction restraining the Plaintiff from disclosing information alleged to be confidential and privileged.

[3] In the present proceedings, the plaintiff filed an application in encl 49 under O 52 r 4 of the Rules of 2012 ("the Rules of ") to commit the defendant for contempt of Court , arising from the Defendant's alleged non-compliance with a consent order dated 16 March 2023. In response, the Defendant filed an application in encl 52 to set aside the order granting the Plaintiff leave to commence committal proceedings. Both applications in encls 49 and 52 ("both Applications") were heard together.

The Factual Background

[4] The Plaintiff, an advocate and solicitor, and the Defendant, a banker (collectively, "the Parties"), aged 56 and 51 respectively at the time of the hearing, commenced an intimate relationship after meeting in January 2020. This relationship led to the birth of a child in February 2021 ("the Child"). The Defendant is also the mother of an older child, born in July 2010 from her previous marriage, while the plaintiff is the father of six other children from his prior marriages and relationships.

[5] The relationship between the plaintiff and the defendant broke down on highly acrimonious terms soon after the birth of the Child, leading to bitter and hostile allegations exchanged between them.

[6] Subsequently, in May 2022, the Defendant filed Suit 257 in the Civil Court , seeking an injunction against the Plaintiff from disclosing information. Defendant claimed that the plaintiff was her solicitor at the material time and by virtue of that, information that she had disclosed to him during their relationship remained confidential and privileged.

[7] In June 2022, the defendant filed Suit 216 in the Family Court , relating to guardianship and custody of the Child as well as child maintenance.

[8] In July 2022, the plaintiff filed a similar application in the present proceedings, seeking various orders, including custody, care and control of the Child, as well as access arrangements.

[9] In March 2023, the Parties entered into a consent order ("the Consent Order") in respect of both Suit 216 and the present proceedings. Under its terms, the defendant was granted custody, care and control of the Child, while the plaintiff was accorded access on Tuesdays, Wednesdays, and Thursdays from 12.30pm to 7.30pm at the babysitter's residence.

[10] Clause 5 of the Consent Order reads:

5. Hak akses terhadap ****** ("Anak Tersebut") diberikan kepada Andrew Gregory Sewell seperti berikut:

a) setiap hari Selasa (bermula dari 21 Mac 2023), Rabu dan Khamis ('tarikh akses') dari tempat pengasuh ('day care centre') pada jam 12.30 tengah hari sehingga jam 7.00 malam. Andrew Gregory Sewell akan menghantar kembali Anak Tersebut pada jam 7.00 malam kepada Low Huei Ying dan/atau wakil Low Huei Ying (kecuali anak sulung Low Huei Ying yang bernama *****) di lobi kawasan perumahan Low Huei Ying di *****;

[Emphasis Added.]

[11] However, beginning January 2025, the defendant had sought to unilaterally alter the terms of the Consent Order by proposing that the plaintiff's access on Tuesdays, Wednesdays, and Thursdays be limited to 4.30pm to 7.30pm. This proposal was expressly rejected by the plaintiff.

[12] Despite the Plaintiff's rejection of the Defen