AD v AE: Appeal on Custody Order - Extension of Time for Service of Notice of Appeal

In AD v AE, before the High Court of Singapore on 2003-10-22, the petitioner (husband) appealed against orders granting the respondent (wife) an extension of time to serve a notice of appeal regarding the custody of their 5-year-old son. The court dismissed the appeal, emphasizing that the welfare of the child is paramount and justifying the extension of time despite the delay in service.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed; extension of time to serve the Notice of Appeal granted.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding custody of a 5-year-old child. The court granted an extension of time to serve the notice of appeal, emphasizing the child's welfare.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ADAppellant, PetitionerIndividualAppeal dismissedLost
AERespondent, AppellantIndividualExtension of time to serve the Notice of Appeal grantedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Nicholas F CheongLim Soo Peng and Co
David RasifDavid Rasif and Partners
Michelle WoodworthDavid Rasif and Partners

4. Facts

  1. The petitioner (husband) appealed against orders of 18 September 2003.
  2. The dispute concerned the custody of the parties' 5-year-old son.
  3. The respondent (wife) wished to appeal against the order granting custody of the son to the petitioner.
  4. The time limited for filing the Notice of Appeal was 11 June 2003.
  5. The Notice of Appeal was issued on 11 June 2003 but not served until 6 August 2003.
  6. Rules prescribed that service must be within seven days, namely by 18 June 2003.
  7. The court considered the welfare of the child to be of paramount importance.

5. Formal Citations

  1. AD v AE, Div P 3849/2000, RAS 720041/2003, 720050/2003, SIC 651565/2003, [2003] SGHC 258

6. Timeline

DateEvent
Notice of Appeal issued
Deadline for serving Notice of Appeal
Notice of Appeal served on petitioner
Appeal fixed for hearing
Summons-in-chambers for extension of time to serve notice of appeal heard
Judgment issued

7. Legal Issues

  1. Extension of Time to Serve Notice of Appeal
    • Outcome: The court exercised its discretion to grant an extension of time, emphasizing the welfare of the child.
    • Category: Procedural
    • Sub-Issues:
      • Delay in service of notice
      • Discretion of court to grant extension
  2. Custody of Child
    • Outcome: The court emphasized that the welfare of the child is of paramount importance in custody proceedings.
    • Category: Substantive

8. Remedies Sought

  1. Appeal against custody order
  2. Extension of time to serve notice of appeal

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Civil Litigation
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Stansfield Business International Pte Ltd v Vithya Sri SumathisN/AYes[1999] 3 SLR 239SingaporeCited for the proposition that until an appeal has been served, there is effectively no appeal.

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

  • Custody
  • Welfare of child
  • Notice of appeal
  • Extension of time
  • Service of notice

15.2 Keywords

  • custody
  • appeal
  • extension of time
  • service of notice
  • welfare of child

17. Areas of Law

Area NameRelevance Score
Child Custody90
Children's Welfare80
Civil Practice60
Child Support50
Guardianship of Infants Act40

16. Subjects

  • Family Law
  • Civil Procedure
  • Appeals
  • Custody