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This boy jin kelian. both Ahole dont want him


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Court rejects aunt's bid to stop being boy's guardian

In the first reported case here, a guardian's application to discharge her duties to look after a teenager entrusted to her care has been rejected by the court, which made clear a guardian cannot abdicate a legal duty based on her unwillingness alone.

In judgment grounds last week, Family Court District Judge Sheik Mustafa said that a child who is placed in the guardianship of an adult must be assured that he or she is "in a safe harbour that is not transient and is not affected by winds of willingness alone".

"The duty and responsibility of being the guardian of a child is a grave and solemn one, such that both social and legal gravity... attached to it.

"It cannot be easily abdicated on the basis of the guardian's unwillingness alone," wrote the judge.

The matter involved a 17-year-old polytechnic student and his aunt, who in 2016 had obtained a protection and maintenance order for the boy.

She was made guardian via a court order with consent from both parents in September 2017.

But in June last year, she applied to be discharged as his sole guardian, explaining that she was no longer able to protect his best interest on account of her medical condition.

Both the boy's divorced parents refused to take him back, with the mother claiming she was not a suitable parent, rarely at home and of limited means and was in credit card debt. His father said he had no objections if the boy was placed with his mother or aunt.

The boy's parents were divorced five years after he was born in 2002, with his mother given care, control and custody by consent. The father provided $400 in monthly maintenance.

In July 2016, the boy went to live with his maternal grandmother and did not return home. Not long after, the boy moved in with his aunt.

In August 2016, the aunt applied to the courts on the boy's behalf for a personal protection order against his mother and for a maintenance order, to which the mother consented. It emerged that the boy's mother had a quarrelsome and at times violent relationship with her son, and had abused him.

Among other things, she had hit and kicked him on his shoulders and stomach, and sent abusive, threatening and vulgar WhatsApp messages to him. She once also threw a pair of kitchen scissors at him, causing it to be lodged on the bridge of his nose.

The aunt, represented by lawyer Patrick Fernandez, pointed to her condition which had caused her to be on medical leave from September 2018 until last June.

She is suffering from "undifferentiated connective tissue disease", which in turn caused her to suffer other medical conditions, including slipped disc and left hip degenerative labral tear. This impacted her ability to work, causing a substantial drop in her income.

As a result, she said she was unable to manage the boy's growing expenses as a polytechnic student, despite receiving $1,100 a month from the teen's parents in total for his use.

She added her condition meant she is also unable to spend the same level of quality time and keep track of his physical and emotional well being as she did before.

The boy's mother, represented by lawyer Marcus Sim, argued that the guardianship order should continue in the boy's best interest. The mother said she is an unfit parent, cannot provide a stable environment and does not wish to and is unable to accept the boy.

The boy's father, who represented himself, said he was estranged from the boy until 2017 when they started meeting every Chinese New Year.

The father said he hardly has contact with the boy, has remarried and has a new family, with a daughter who is now seven years old.

The boy, when interviewed by the judge and a court counsellor, appeared to show he was closest to his aunt, whom he "glowingly" described as "always putting others before her... she has to sacrifice a lot of things".

"The boy felt he did not have any other family members whom he could turn to, and he erroneously believed that he will be placed in the Boy's Home if neither of his parents take him in," noted the judge, who found it was in the boy's best interests that the aunt remains his guardian.

"In my conversation with (the boy), it was clear that he loves his aunt as the parent he never truly had. It is out of his love for her that he is willing to sacrifice his own comfort and safety, to offer to live with the mother who had been violent to him," said the judge.

"There is no neglect or ill-treatment by the aunt. If the aunt is not able to support him, then she ought to look to his parents to contribute to his maintenance, and they are liable to do so."

The judge rejected the mother's request for a costs order, holding that the application was not frivolous and there was no ulterior motive behind the aunt's application.

"It is also in the public interest, and in the interest of children, that persons charged with their guardianship be able to seek the court's directions regarding their care without undue concern on costs," said the judge.

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