UXH v UXI: Relocation of Children after Divorce - Singapore Family Law

In UXH v UXI, the Family Justice Courts of Singapore heard an appeal by the Mother against the District Judge's decision to dismiss her application for leave to relocate to the UK with her two children. The court, presided over by Debbie Ong J, dismissed the appeal, emphasizing that the paramount consideration in relocation applications is the welfare of the child. The court found that the Mother's reasons for relocation were primarily driven by her desire to move with her new partner, and that the relocation would adversely impact the children's relationship with their Father without providing any real benefit to the children.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court denies mother's appeal to relocate children to the UK after divorce, prioritizing the children's welfare and relationship with their father.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
UXHAppellantIndividualAppeal DismissedLost
UXIRespondentIndividualAppeal UpheldWon

3. Judges

Judge NameTitleDelivered Judgment
Debbie OngJudgeYes

4. Counsels

Counsel NameOrganization
Gloria James-CivettaGloria James-Civetta & Co
Philip JeyaretnamDentons Rodyk & Davidson LLP
Shereen GoklaniGloria James-Civetta & Co
Ho Jin Kit ShaunEversheds Harry Elias LLP
Koh Tien HuaEversheds Harry Elias LLP

4. Facts

  1. The Mother and Father were married on 22 December 2007 and have two children.
  2. Both parties and the Children are Portuguese citizens and Singapore Permanent Residents.
  3. The Mother sought a divorce on 16 February 2015, and final judgment was granted on 29 September 2015.
  4. The parties agreed to joint custody, with care and control to the Mother and reasonable access to the Father.
  5. The Mother intended to relocate to the UK with her new partner and the Children.
  6. The Father opposed the relocation, arguing it was not in the Children’s best interests.
  7. The District Judge dismissed the Mother’s application for relocation.

5. Formal Citations

  1. UXH v UXI, District Court Appeal No 74 of 2019, [2019] SGHCF 24

6. Timeline

DateEvent
Mother and Father married
Mother sought a divorce
Final judgment of divorce was granted
Mother filed Summons No 237 of 2019 for leave to relocate to the UK with the Children
District Judge dismissed the Mother’s application
Hearing date
Appeal dismissed
Reasons for decision issued

7. Legal Issues

  1. Relocation of Children After Divorce
    • Outcome: The court held that the paramount consideration is the welfare of the child and dismissed the appeal for relocation.
    • Category: Substantive
    • Sub-Issues:
      • Impact of relocation on the child's welfare
      • Reasonableness of the primary caregiver's wish to relocate
      • Loss of relationship with the left-behind parent

8. Remedies Sought

  1. Leave to relocate to the UK with the Children

9. Cause of Actions

  • Application for Leave to Relocate Children

10. Practice Areas

  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
UFZ v UFYHigh CourtYes[2018] 4 SLR 1350SingaporeCited for the principle that the welfare of the child is the paramount consideration in relocation applications.
TAA v TABHigh CourtYes[2015] 2 SLR 879SingaporeCited for the principle that the welfare of the child is the paramount consideration in relocation applications and the expectations of parents to place the needs of their children before their own.
BNS v BNTHigh CourtYes[2015] 3 SLR 973SingaporeCited for the principle that there is no presumption in favor of relocation merely because the primary caregiver’s desire to relocate is not unreasonable.
UXH v UXIDistrict CourtYes[2019] SGFC 64SingaporeThe District Judge's grounds of decision in the case below, which were affirmed on appeal.

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 welfare
  • Paramount consideration
  • Primary caregiver
  • Access
  • Best interests of the child
  • Parental responsibility
  • Co-parenting

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Family Law95
Relocation Disputes90
Children's Welfare85
Child Custody70
Divorce50
Parenting40

16. Subjects

  • Family Law
  • Child Relocation
  • Divorce