UDF v UDG: Child Access Dispute Over Teenage Daughter's Summer Vacation

In a family law case before the Family Justice Courts of Singapore, Judicial Commissioner Foo Tuat Yien addressed a request by UDF, the father, for interim access to his 14-year-old daughter, X, who resides in the United States with her mother, UDG. The court declined to order X's return to Singapore for the summer vacation or to grant the father access in the US, citing X's expressed wishes to remain in the US for educational reasons and the need to avoid pressuring her. The court emphasized X's ability to make her own decisions and the importance of respecting her choices regarding her education and living arrangements.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Requests declined for daughter to return to Singapore or for father to have access in the US during summer vacation.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court denies father's request for interim access to his teenage daughter in the US, prioritizing her wishes and educational needs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
UDGDefendantIndividualAccess request opposedWon
UDFPlaintiffIndividualAccess request declinedLost

3. Judges

Judge NameTitleDelivered Judgment
Foo Tuat YienJudicial CommissionerYes

4. Counsels

4. Facts

  1. The father requested interim access to his 14-year-old daughter, who lives in the US with her mother.
  2. The parents share interim joint custody, with interim care and control given to the mother.
  3. The daughter has been schooling in the US for the last four years.
  4. The divorce ancillary matters proceedings are pending before the court.
  5. The daughter expressed a desire to continue her schooling in a private school in the US.
  6. The court interviewed the daughter to understand her situation, feelings, and views.
  7. The court found the daughter capable of expressing her wishes and deciding she did not want to come to Singapore for the summer vacation.

5. Formal Citations

  1. UDF v UDG, , [2017] SGHCF 17

6. Timeline

DateEvent
Divorce proceedings begun by M in Singapore
Two psychologist reports stated X was subjected to improper influence by F
Personal Protection Order No 236 of 2011 granted by consent
Family District Court granted Order of Court No 9310 of 2012, permitting M and X to relocate to the US
Relocation order upheld by the High Court vide Registrar’s Appeal No 91 of 2012
M and X relocated from Singapore
Supreme Court of the State of New York made an order for the divorce ancillary matters and the issue of their pre-nuptial agreement to be heard in Singapore
Lai Siu Chiu J dismissed F’s appeal against a Family District Court order refusing to rescind Personal Protection Order No 236 of 2011
Orders for access were varied
F’s appeal against the New York court’s decision was dismissed by the New York Appellate Division
Orders made for parties to undergo joint family counselling and for separate counselling to be arranged for X
Orders made for parties to undergo joint family counselling and for separate counselling to be arranged for X
Orders for access were varied
Dr A provided a counselling report
F's access to X was to be temporarily suspended pending counselling
Case conference directing X to come to Singapore for interview and F to have direct WhatsApp communication with X
Interview with X in Singapore
Counsel for F wrote to court to inform that X had written to court on her “access and/or communication” with F via post directly to the court on or about 15 April 2017
Counsel for F wrote to the court stating that, on or about 14 May 2017, X had told F that she had wanted to return to Singapore for the summer break
The court requested counsel to ask X to forward a copy of her letter to the court’s personal secretary
Counsel for M wrote to inform the court that M had asked X about the letter that F claimed X had written to the court
Judicial case conference where F's requests for access orders were rejected
Judgment Date

7. Legal Issues

  1. Child Access
    • Outcome: The court declined to order access for the father, prioritizing the child's wishes and best interests.
    • Category: Substantive

8. Remedies Sought

  1. Access to child
  2. Child to return to Singapore for vacation

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Child Custody
  • Child Access

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

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

  • Interim access
  • Joint custody
  • Relocation order
  • Pathogenic parenting
  • WhatsApp communication
  • Best interests of the child
  • Parenting practices

15.2 Keywords

  • divorce
  • child custody
  • access
  • Singapore
  • family law
  • relocation
  • best interests of the child

17. Areas of Law

16. Subjects

  • Family Law
  • Child Custody
  • Child Access