UHA v UHB: Extension of Time to Appeal Guardianship Order & Child Relocation Dispute
In the Family Justice Courts of Singapore, Judge Hoo Sheau Peng granted UHA, the plaintiff-mother, an extension of time to appeal a District Judge's order regarding the guardianship and relocation of her child with UHB, the defendant-father. The original order, made in Originating Summons (G) No 40 of 2016, concerned an application under s 5 of the Guardianship of Infants Act. The mother's appeal was initially filed late due to a slip-up by her former solicitors. The court considered the length of the delay, the reasons for the delay, the chances of the appeal succeeding, and the prejudice caused to the father. Ultimately, the extension was granted, and the mother was directed to expedite the appeal.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Extension of time granted to the mother to file the notice of appeal and certificate for security for costs.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Extension of time granted to mother to appeal guardianship order regarding child relocation. Court considers delay, reasons, appeal chances, and prejudice.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| UHA | Plaintiff, Respondent | Individual | Extension of time granted | Won | Suchitra A/P K Ragupathy |
| UHB | Defendant, Appellant | Individual | Appeal against extension of time | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Suchitra A/P K Ragupathy | Dentons Rodyk & Davidson LLP |
4. Facts
- The parties are parents of a 12-year-old girl.
- The mother is a Japanese citizen; the father is an Australian citizen and Singapore Permanent Resident.
- The child has dual citizenship in Australia and Japan.
- The parties were never married.
- The District Judge ordered joint custody and shared care and control of the child, requiring the mother to bring the child to Singapore.
- The mother's former solicitors failed to file the appeal within the prescribed time.
- The mother and child were in Singapore on social visit passes at the time of the hearing.
5. Formal Citations
- UHA v UHB, HCF/Originating Summons (G) No 11 of 2017, [2017] SGHCF 27
6. Timeline
| Date | Event |
|---|---|
| Originating Summons (G) No 40 of 2016 filed | |
| District Judge made order in Originating Summons (G) No 40 of 2016 | |
| Mother submitted a request for further arguments | |
| District Judge rejected request for further arguments | |
| Deadline for mother to file appeal | |
| Mother attempted to file a notice of appeal | |
| Mother filed application for an extension of time | |
| Mother brought the child to Singapore | |
| Mother’s application to stay the execution of the Order was dismissed | |
| Hearing before Hoo Sheau Peng J | |
| Judge granted the plaintiff-mother an extension of time to file an appeal | |
| Reasons for decision issued |
7. Legal Issues
- Extension of Time to File Appeal
- Outcome: The court granted the extension of time, finding that the delay was short, the reasons for the delay were sufficient, the appeal was not hopeless, and the father would not be unduly prejudiced.
- Category: Procedural
- Related Cases:
- [2008] 1 SLR(R) 757
- [2014] 4 SLR 202
- [2001] 3 SLR(R) 355
- [2005] SGCA 3
- Guardianship and Custody of Child
- Outcome: The court noted that the dispute concerned the welfare of the child and whether shared care and control in Singapore was in the child's best interests, given the parents' circumstances.
- Category: Substantive
8. Remedies Sought
- Extension of time to file an appeal
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lee Hsien Loong v Singapore Democratic Party and others and another suit | Court of Appeal | Yes | [2008] 1 SLR(R) 757 | Singapore | Cited for the factors to consider when determining whether to grant an extension of time to file an appeal. |
| Falmac Ltd v Cheng Ji Lai Charlie and another matter | Court of Appeal | Yes | [2014] 4 SLR 202 | Singapore | Cited for the method of calculating the length of delay in filing a notice of appeal. |
| Lim Kok Boon (Lin Guowen) v Lee Poh King Melissa | High Court | Yes | [2012] 2 SLR 1082 | Singapore | Cited for the interpretation of O 55C r 1 of the Rules of Court regarding timelines for appeals when further arguments are requested. |
| Aberdeen Asset Management Asia Ltd and another v Fraser & Neave Ltd and others | Unknown | Yes | [2001] 3 SLR(R) 355 | Singapore | Cited for the test of whether an appeal is hopeless in assessing the merits of the appeal for an extension of time application. |
| Wee Soon Kim Anthony v UBS AG and Others | Court of Appeal | Yes | [2005] SGCA 3 | Singapore | Cited for the clarification of relevant prejudice in an application for an extension of time. |
13. Applicable Rules
| Rule Name |
|---|
| Family Justice Rules 2014 (S 813/2014) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Guardianship of Infants Act (Cap 122, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Extension of time
- Guardianship
- Custody
- Relocation
- Appeal
- Best interests of the child
- Shared care and control
15.2 Keywords
- Family Law
- Guardianship
- Child Custody
- Appeal
- Singapore
- Extension of Time
16. Subjects
- Family Law
- Civil Procedure
- Appeals
17. Areas of Law
- Family Law
- Civil Procedure
- Appeals
- Guardianship of Infants Act