UDG v UDF: Appeal on Child Access, Maintenance, and Costs in Divorce Ancillary Matters
In UDG v UDF, the Court of Appeal of Singapore heard an appeal concerning overnight and overseas access to the child of the marriage, monthly maintenance, and costs. The appellant, UDG, sought to overturn the High Court's decision regarding access and costs. The court allowed the appeal in part, modifying the access orders to be subject to the child's agreement, while affirming the remaining orders of the High Court.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning overnight/overseas access to a child, monthly maintenance, and costs in divorce ancillary matters. The court allowed the appeal in part, modifying access orders.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| UDG | Appellant, Defendant | Individual | Appeal allowed in part | Partial | Kronenburg Edmund Jerome, Thng Yu Ting, Angelia |
| UDF | Respondent, Plaintiff | Individual | Orders affirmed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Tay Yong Kwang | Judge of Appeal | No |
| Belinda Ang Saw Ean | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kronenburg Edmund Jerome | Braddell Brothers LLP |
| Thng Yu Ting, Angelia | Braddell Brothers LLP |
4. Facts
- The Appellant and Respondent are divorced.
- The Appellant is the father, and the Respondent is the mother of the child.
- The Respondent and the child live in Illinois, USA.
- The Appellant resides in Singapore.
- The divorce proceedings commenced in 2010.
- The child is 16 years old at the time of the appeal.
- The Respondent was granted leave to relocate with the child from Singapore in 2011-2012.
5. Formal Citations
- UDG v UDF, Civil Appeal No 104 of 2018, [2019] SGCA 24
6. Timeline
| Date | Event |
|---|---|
| Divorce proceedings commenced | |
| Respondent granted leave to relocate with child from Singapore | |
| Summons No 107 of 2018 filed | |
| Civil Appeal No 104 of 2018 filed | |
| Respondent sent emails to the Court | |
| Judgment delivered |
7. Legal Issues
- Child Access
- Outcome: The court modified the access orders to be subject to the child's agreement on timing and conditions.
- Category: Substantive
- Monthly Maintenance
- Outcome: The court affirmed the Judge's decision regarding monthly maintenance.
- Category: Substantive
- Costs
- Outcome: The court made no order as to the costs of the appeal.
- Category: Procedural
8. Remedies Sought
- Overnight and overseas access to the child
- Order of costs on an indemnity basis together with disbursements
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Child Custody
- Family Law Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| UDF v UDG | High Court | Yes | [2017] SGHCF 17 | Singapore | Cited to demonstrate the child's capacity to express her wishes and make decisions at a younger age. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Overnight access
- Overseas access
- Monthly maintenance
- Lodestar principle
- Best interests of the child
- Divorce ancillary matters
15.2 Keywords
- child access
- maintenance
- costs
- divorce
- family law
- Singapore
16. Subjects
- Family Law
- Divorce
- Child Custody
- Appeals
17. Areas of Law
- Family Law
- Custody
- Access