Khor Bee Im v Wong Tee Kee: Child's Surname Change Dispute

In Khor Bee Im v Wong Tee Kee, the High Court of Singapore addressed an application by Wong Tee Kee to declare a Deed Poll void, which unilaterally changed his son Huang ZhiGang's surname to Eng ZhiGang by the mother, Khor Bee Im, without his consent. The court, presided over by Justice S Rajendran, dismissed the application, considering the child's welfare, wishes, and the lack of interest shown by the father since 1985. The court found compelling reasons to allow the change, given the difficulties reverting the name would cause the 17-year-old.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court considered an application to void a deed poll changing a child's surname without the father's consent, focusing on the child's welfare.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Khor Bee ImRespondentIndividualApplication dismissedWon
Wong Tee KeeApplicantIndividualApplication dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
S RajendranJudgeYes

4. Counsels

4. Facts

  1. Khor Bee Im and Wong Tee Kee married in February 1983 and had a child, Huang ZhiGang, in May 1984.
  2. Wong left the matrimonial home in January 1985, leaving ZhiGang in Mdm Khor's care.
  3. Mdm Khor petitioned for divorce in 1987, and a decree nisi was granted in March 1988, granting custody to Mdm Khor.
  4. Mdm Khor married Eng Pang Wee in 1989.
  5. Mdm Khor changed ZhiGang's surname to 'Eng' via Deed Poll in 1990 without Wong's consent.
  6. Wong was ordered to pay maintenance for ZhiGang, later increased to $1,000 per month plus Polytechnic fees.
  7. Wong discovered the name change when he received a copy of ZhiGang's POSB book in 2001.

5. Formal Citations

  1. Khor Bee Im v Wong Tee Kee, Div P 1260/1987, [2002] SGHC 7

6. Timeline

DateEvent
Khor Bee Im and Wong Tee Kee married
Huang ZhiGang was born
Wong left the matrimonial home
Mdm Khor petitioned for divorce
Decree nisi granted dissolving the marriage
Mdm Khor married Eng Pang Wee
ZhiGang enrolled in school with the surname 'Eng'
Court ordered Wong to pay $650 per month as maintenance for ZhiGang
Mdm Khor applied to court for an increase in maintenance amount
Consent order obtained for Wong to pay $1,000 per month as maintenance and Polytechnic fees
Application by Wong dismissed

7. Legal Issues

  1. Change of Child's Surname
    • Outcome: The court held that there were compelling reasons to allow the change of surname, dismissing the father's application.
    • Category: Substantive
    • Related Cases:
      • [1997] 1 SLR 222

8. Remedies Sought

  1. Declaration that the Deed Poll changing the name of Huang ZhiGang to Eng ZhiGang be declared void and inoperative.

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Custody Disputes

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
L v LCourt of AppealNo[1997] 1 SLR 222SingaporeCited regarding the importance of a child's surname as a link to the father and the need for compelling reasons to justify a change of surname.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Deed Poll
  • Change of Surname
  • Child Custody
  • Best Interests of the Child
  • Parental Consent

15.2 Keywords

  • Family Law
  • Child Custody
  • Surname Change
  • Deed Poll
  • Singapore High Court

17. Areas of Law

16. Subjects

  • Family Law
  • Child Law
  • Surname Change