A (Infant) v B: Forum Non Conveniens in Child Custody Dispute

In the case of *In the Matter of A, an infant*, the High Court of Singapore heard an appeal by the father, C, against the District Judge's decision to stay proceedings in Singapore in favor of proceedings in France concerning the custody of their daughter. The High Court, presided over by Justice Lai Kew Chai, dismissed the father's appeal, agreeing that the French court was the more appropriate forum to determine custody and access, considering the child's cultural connections and the father's choice to initiate proceedings in France. The mother, B, had applied for a stay of proceedings in Singapore.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding child custody. The court dismissed the appeal, finding France to be the more suitable forum due to the child's connections.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
CAppellantIndividualAppeal DismissedLost
BRespondentIndividualApplication for Stay GrantedWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Kew ChaiJudgeYes

4. Counsels

Counsel NameOrganization
Tan Teng MuanMallal & Namazie
Deanna KwokMallal & Namazie
Yap Teong LiangSalem Ibrahim & Partners

4. Facts

  1. The father is a French citizen working in Singapore.
  2. The mother is a citizen of both Morocco and France, working in England.
  3. The daughter was born in Paris and lived there until the family moved to Singapore.
  4. The parents' marriage was turbulent, with allegations of infidelity and domestic violence.
  5. The father filed for divorce and custody in France.
  6. The mother applied for sole custody in Singapore.
  7. The daughter was living in London with the mother at the time of the appeal.

5. Formal Citations

  1. In the Matter of A, an infant born on the 30th day of October 1994, OS 5091/2000, RAS 720055/01, [2002] SGHC 62

6. Timeline

DateEvent
Couple married in Biscarosse, France
Daughter born in Paris, France
Parents moved to Singapore
Wife instituted Originating Summons in the Singapore High Court under the Guardianship of Infants Act
Father filed for divorce in the District Court of Paris, France
Father commenced proceedings under the Guardianship of Infants Act
Mother and daughter moved to London
Appeal Dismissed

7. Legal Issues

  1. Forum Non Conveniens
    • Outcome: The court held that France was the more appropriate forum to determine custody and access.
    • Category: Jurisdictional
    • Sub-Issues:
      • Suitability of forum
      • Best interests of the child

8. Remedies Sought

  1. Stay of Singapore proceedings
  2. Sole custody, care and control of the daughter
  3. Maintenance for the child

9. Cause of Actions

  • Application for custody, care and control of child

10. Practice Areas

  • Family Litigation
  • Child Custody

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
De Dampierre v De DampierreN/AYes[1988] 1 AC 92EnglandDealt with similar issues of matrimonial proceedings between French nationals instituted in both England and France, addressing the principle of forum non conveniens.
Spiliada Maritime Corporation v Cansulex Ltd The SpiliadaN/AYes[1986] 3 WLR 972N/ACited for the principle of forum non conveniens, where a court may grant a stay if another tribunal is more suitable for the interests of the parties and the ends of justice.
The Abidin DaverN/AYes[1984] AC 398N/ACited regarding the relevance of pending proceedings in an alternative forum when considering forum non conveniens.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Guardianship of Infants Act, Cap 122Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Forum non conveniens
  • Custody
  • Access
  • Guardianship
  • Best interests of the child
  • Habitual residence

15.2 Keywords

  • child custody
  • forum non conveniens
  • Singapore
  • France
  • family law

17. Areas of Law

Area NameRelevance Score
Child Custody90
Children's Welfare80
Family Law70
Guardianship of Infants65
Private International Law60
Jurisdiction50
Forum Non Conveniens45

16. Subjects

  • Family Law
  • Civil Procedure