AUD v AUE: Child Maintenance Dispute After Relocation to UK

In the case of AUD v AUE, before the High Court of Singapore on 25 May 2015, the court addressed disputes over child maintenance following the children's relocation to the UK. The Mother sought increased maintenance, while the Father sought to rescind the existing order. The court considered issues of jurisdiction, care and control, and the appropriate maintenance amount. Ultimately, the court found partially in favor of the Mother, increasing the maintenance amount, and largely dismissed the Father's claims.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Mother's summons partially successful; Father's summons largely unsuccessful.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning child maintenance after the children moved to the UK. The court addressed jurisdiction, care and control, and maintenance quantum.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AUDPlaintiffIndividualSummons partially successfulPartialAUD
AUEDefendantIndividualSummons largely unsuccessfulLostAUE

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
AUDIndependent Practitioner
AUEIndependent Practitioner

4. Facts

  1. The parties were previously divorced, and the court had issued a prior maintenance order.
  2. The children moved to the UK to study after the initial maintenance order was issued.
  3. The Mother sought an increase in maintenance due to higher school fees in the UK.
  4. The Father sought to rescind the maintenance order, arguing the Singapore court lacked jurisdiction.
  5. The Father also sought care and control of the children.
  6. The Mother was unemployed at the time of the hearing.
  7. The Father was ordered to pay four months of school fees in advance.

5. Formal Citations

  1. AUD v AUE, , [2015] SGHC 139

6. Timeline

DateEvent
Divorce Suit filed
First Judgment delivered on ancillary matters
Children moved to the United Kingdom to study
Mother sought increased maintenance from Father
Father filed Summons 1013 of 2015 to rescind maintenance order
Hearing on Summonses 558 and 1013 of 2015
Second Judgment given
Decision Date

7. Legal Issues

  1. Jurisdiction over Child Maintenance
    • Outcome: The court held that it retained jurisdiction to vary the original maintenance order, even though the children resided in the UK.
    • Category: Jurisdictional
  2. Care and Control of Children
    • Outcome: The court dismissed the Father's application for care and control, maintaining the Mother's care and control.
    • Category: Substantive
  3. Quantum of Child Maintenance
    • Outcome: The court adjusted the maintenance amount to account for the children's expenses in the UK.
    • Category: Substantive
  4. Payment Route of Child Maintenance
    • Outcome: The court ordered the Father to pay school fees directly to the school in advance.
    • Category: Procedural

8. Remedies Sought

  1. Increased child maintenance
  2. Rescission of existing maintenance order
  3. Care and control of children

9. Cause of Actions

  • Application for variation of maintenance order
  • Application for rescission of maintenance order
  • Application for care and control of children

10. Practice Areas

  • Family Litigation
  • Divorce
  • Child Support

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
CX v CYCourt of AppealYes[2005] 3 SLR(R) 690SingaporeCited to define the meaning of 'care and control' in the context of day-to-day decision-making for children.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Child Support Act 1991 (c 48) (UK)United Kingdom
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
s 69(5)(c) of the Women’s CharterSingapore
s 118 of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Child maintenance
  • Care and control
  • Jurisdiction
  • School fees
  • Variation of order
  • Arrears of maintenance
  • Lump sum maintenance
  • Matrimonial assets

15.2 Keywords

  • Child maintenance
  • Divorce
  • Singapore
  • United Kingdom
  • Jurisdiction
  • Care and control

16. Subjects

  • Family Law
  • Child Support
  • Divorce

17. Areas of Law

  • Family Law
  • Divorce Law
  • Child Maintenance Law