Toe v Tof: Child Relocation Dispute - Singapore Family Court Decision

In the Family Justice Courts of Singapore, the wife, Toe, appealed against the Family Court's decision to allow their son to relocate to the United Kingdom with the husband, Tof. Choo Han Teck J allowed the wife's appeal, determining that it was in the son's best interest to remain in Singapore, where he had been raised and wished to continue his education.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Appeal Allowed

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore Family Court appeal regarding the relocation of a child to the United Kingdom. The court allowed the appeal, prioritizing the child's best interests.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
TOEAppellantIndividualAppeal AllowedWon
TOFRespondentIndividualRelocation Order RevokedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Siaw Susanah RobertaSiaw Kheng Boon & Co

4. Facts

  1. The wife and husband are in the process of getting a divorce.
  2. The wife is a 51-year-old South Korean citizen and a housewife.
  3. The husband is a 53-year-old citizen of the United Kingdom.
  4. Their son was born in 2010 through a surrogate mother.
  5. The husband applied to have the son relocated back to the United Kingdom with him.
  6. The son prefers to stay in Singapore where he has been brought up and where all his friends are.
  7. The son wants to study in Singapore until he is 17.

5. Formal Citations

  1. TOEvTOF, District Court Appeal No 157 of 2018, [2019] SGHCF 19

6. Timeline

DateEvent
Marriage of Toe and Tof
Son born through surrogate mother
District Court Appeal No 157 of 2018 filed
Summons No 148 of 2019 filed
Judgment reserved
Judgment issued

7. Legal Issues

  1. Child Relocation
    • Outcome: The court revoked the order to relocate the child to the United Kingdom, determining it was in the child's best interest to remain in Singapore.
    • Category: Substantive

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Child Custody

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

  • Relocation
  • Child Custody
  • Best Interests of the Child
  • Divorce
  • Surrogate Mother

15.2 Keywords

  • Family Law
  • Child Relocation
  • Singapore
  • Divorce
  • Child Custody

17. Areas of Law

Area NameRelevance Score
Relocation Disputes95
Family Law90
Divorce80
Child Custody70
Unreasonable Behaviour30

16. Subjects

  • Family Law
  • Child Law