SINGAPORE – A woman, who waged an “all-out war” against her former husband during divorce proceedings, was supposed to serve a one-week jail term after she had breached court orders by involving her children in the proceedings.

But in an exercise of judicial mercy, the Court of Appeal ordered her to pay a $5,000 fine instead, noting that she was suffering from advanced breast cancer which made her unsuitable for jail.

In its grounds of decision released on Tuesday (Aug 4), the court also said that the family justice system is intended to help the divorcing parties and their children to achieve as much healing as is possible so that they “move forward as positively as possible with their lives” – a concept which the court termed as “therapeutic justice”.

“It is both logical and commonsensical that healing cannot even begin to take place if the parties (in particular, the former spouses) are in an antagonistic relationship – still less when one or both parties wage war against each other,” the Court of Appeal added.

The Straits Times previously reported that the woman was diagnosed with breast cancer in October 2016, after divorce proceedings began in April that year. The couple’s daughter was 12 then, while their son was younger.

A male colleague – whom the father accused of being the woman’s lover – then moved into the couple’s home, claiming that he was able to heal her tumours despite having no medical training.

The father grew concerned for his daughter and son after he learnt of a claim made by the woman in 2018 that the male colleague had performed a “home mastectomy” on her.

He applied to take over care and control of the children from their mother in the interim, which a district judge granted. The woman then appealed against this decision to the High Court.

In June and July 2019, while the proceedings were still ongoing, the daughter posted allegations on social media that her father had sexually abused her and her brother, among other things. The allegations had been made earlier by the woman in her affidavits submitted to the court, and had already been proven to be unfounded.

She and her brother were also interviewed by at least one news outlet on the allegations during that period.

While Justice Debbie Ong eventually granted care and control of the children to their mother, she noted that the woman had damaged her children’s relationship with her ex-husband by influencing them towards having a “highly negative” view of him.

Among other things, the judge found that the woman had allowed her children access to material in the court proceedings, thereby breaching an existing court order which prohibited her and the father from involving the children in the proceedings.

Justice Ong then sentenced her to one week’s jail for contempt of court.

The Court of Appeal made its decision on the fine instead after the court was told by a Singapore Prison Service medical officer that she was unfit for jail.

In its grounds of decision, the court urged the woman to reflect seriously on her life and her future actions.

“We hope that she can put aside her negative attitude and emotions and encourage the children to restore their relationship with their father,” the court said.

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