BDC v BDD: Appeal for Custody Variation Dismissed

In BDC v BDD, the High Court of Singapore, presided over by Justice Lai Siu Chiu, dismissed the plaintiff BDC's application for leave to appeal against the dismissal of her appeal to vary a consent order. The consent order had granted sole custody, care, and control of their son to the defendant, BDD. The court found no grounds to grant leave to appeal, as there was no prima facie error of law, no question of general principle decided for the first time, and no question of importance that would benefit from a decision of a higher tribunal. The court ordered costs to the Husband.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed with costs to the Husband.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court dismissed BDC's application for leave to appeal the dismissal of her appeal to vary a consent order regarding child custody.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BDCPlaintiffCorporationApplication DismissedLost
BDDDefendantCorporationCosts AwardedWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Tan Gee TuanGee Tuan Tan
George LimWee, Tay & Lim LLP
Jinny Tan Ai LingWee, Tay & Lim LLP

4. Facts

  1. The parties were married in Singapore on 21 July 2003.
  2. The parties have a son who is now eight years old.
  3. An interim judgment dissolving the marriage was obtained on 21 August 2009.
  4. A consent order was made on 1 October 2009 granting sole custody, care and control of the child to the Husband.
  5. The Wife applied for a variation of the Consent Order on 14 February 2012.
  6. The District Judge dismissed the Wife’s application to vary the Consent Order on 8 May 2012.
  7. The Wife appealed to the High Court, which dismissed the appeal.

5. Formal Citations

  1. BDC v BDD, Originating Summons No 792 of 2012/D, [2012] SGHC 211

6. Timeline

DateEvent
Parties married in Singapore
Divorce Suit No 4863 of 2008/A filed
Interim judgment dissolving the marriage obtained from the Family Court
Parties attended a mediation session and agreed on terms recorded in a consent order
Wife applied for a variation of the Consent Order
Husband took the child back
District Judge Tan Boon Heng dismissed the Wife’s application to vary a Consent Order
High Court dismissed the Application

7. Legal Issues

  1. Variation of Consent Order
    • Outcome: The court found no material change in circumstances to warrant the variation requested and dismissed the application.
    • Category: Substantive
    • Sub-Issues:
      • Material change in circumstances
      • Welfare of the child
  2. Leave to Appeal
    • Outcome: The court dismissed the application for leave to appeal, finding no prima facie error of law, no question of general principle to be decided for the first time, and no important point that would benefit from the pronouncement of a higher tribunal.
    • Category: Procedural

8. Remedies Sought

  1. Sole custody, care and control of the child
  2. Monthly maintenance for the child

9. Cause of Actions

  • Application for Variation of Consent Order

10. Practice Areas

  • Family Litigation
  • Divorce
  • Child Custody

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
IW v IXCourt of AppealYes[2006] 1 SLR(R) 135SingaporeCited for the principles governing leave to appeal in custody matters under Part X of the Women’s Charter.
Lee Kuan Yew v Tang Liang HongN/AYes[1997] 2 SLR(R) 862SingaporeCited for the three limbs to be relied upon when leave to appeal is sought: prima facie case of error, question of general principle decided for the first time, and question of importance upon which further argument and a decision of a higher tribunal would be to the public advantage.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Consent Order
  • Custody
  • Care and Control
  • Variation
  • Leave to Appeal
  • Material Change in Circumstances

15.2 Keywords

  • divorce
  • custody
  • consent order
  • appeal
  • family law

17. Areas of Law

Area NameRelevance Score
Child Custody95
Family Law90
Children's Welfare80
Child Support70
Divorce60

16. Subjects

  • Family Law
  • Divorce
  • Child Custody
  • Appeals