UPD v UPC: Child's Name Change Dispute Under Guardianship of Infants Act
In UPD v UPC, before the Family Justice Courts of Singapore, Judicial Commissioner Tan Puay Boon addressed an appeal concerning the change of a child's name and racial group by the mother, UPD, via deed poll, which was opposed by the child's court-appointed guardian, UPC. The Guardian had filed an application to void the deed poll. The District Judge ordered the deed poll to be set aside. The mother appealed against the decision. The court dismissed the appeal, prioritizing the child's welfare and maintaining the status quo.
1. Case Overview
1.1 Court
Family Justice Courts of the republic of singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court case concerning a mother's change of her child's name and race via deed poll, opposed by the court-appointed guardian. The court dismissed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| UPD | Appellant | Individual | Appeal Dismissed | Lost | David Isidore Tan Huang Loong |
| UPC | Respondent | Individual | Appeal Dismissed | Won | Koh Tien Hua, Thian Wen Yi, Marcus Ho |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Puay Boon | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Isidore Tan Huang Loong | Rajah & Tann Singapore LLP |
| Koh Tien Hua | Eversheds Harry Elias LLP |
| Thian Wen Yi | Eversheds Harry Elias LLP |
| Marcus Ho | Eversheds Harry Elias LLP |
4. Facts
- The Mother changed the Child's name and racial group by deed poll without the Guardian's consent.
- The Guardian is the court-appointed guardian of the Child.
- The Mother and the Husband also changed the surnames of the step-brothers and their racial groups.
- The Child had been living with the Guardian for several years.
- The Mother had given the Child up for adoption previously.
- The Mother changed her own surname and racial group on the same day she changed the Child's.
- The Mother could not cope with caring for the Child and gave her up to Big Love Child Protection Specialist Centre.
5. Formal Citations
- UPD v UPC, District Court Appeal No 63 of 2018, [2019] SGHCF 25
6. Timeline
| Date | Event |
|---|---|
| Child born | |
| Child placed in the care of Mdm R | |
| Mother put the Child up for adoption by Mdm R | |
| Mdm R asked the Guardian to be the Child’s legal guardian | |
| Guardian lived with the Child in the house of the Guardian’s friend’s mother | |
| Guardianship Order made | |
| Guardian and the Child moved to live in Johor | |
| Mother married the Husband | |
| Mother and the Husband moved from Johor back to Singapore | |
| Guardian placed the Child in a hostel in Johor | |
| Mother and her friend removed the Child from her school in Johor and brought her back to Singapore | |
| Mother and the Husband changed the name of the Child by deed poll | |
| Guardian filed OSG 201 to apply for the sole care and control of the Child | |
| Guardian filed FC/SUM 3859/2017 to apply for leave to reside in Johor with the Child | |
| Mother filed FC/SUM 3867/2018 to apply for interim care and control of the Child to be given to Mdm G | |
| Mother filed FC/OSG 250/2017 to apply to remove the Guardian as the guardian of the Child | |
| Mother and the Guardian entered into a mediated agreement | |
| Guardian filed FC/SUM 665/2018 to void the deed poll and the change of the name and racial group of the Child | |
| FC/SUM 665/2018 was heard | |
| DJ ordered the deed poll to be set aside | |
| Judgment reserved | |
| Judgment delivered |
7. Legal Issues
- Change of Child's Name
- Outcome: The court held that it was not in the best interests and welfare of the Child for her to change her surname and racial group.
- Category: Substantive
- Sub-Issues:
- Best interests of the child
- Parental rights vs. guardian's rights
- Child's identity and heritage
- Jurisdiction of Court under Guardianship of Infants Act
- Outcome: The court held that it has the jurisdiction to hear the Guardian’s application on the change of name or racial group of the Child under s 5 of the GIA.
- Category: Jurisdictional
- Sub-Issues:
- Guardian's locus standi to make application
- Scope of 'custody' under s 5 of GIA
8. Remedies Sought
- Declaration that Deed Poll is void
- Order restraining the Mother from changing the Child’s name and/or race without the Guardian’s express written consent
- Order directing the Mother to disclose the authorities and/or institutions which she had registered the deed poll with
9. Cause of Actions
- Application to void deed poll
- Application for sole care and control of child
10. Practice Areas
- Family Law
- Child Custody
- Guardianship
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| UPC v UPD | District Court | Yes | [2018] SGFC 86 | Singapore | The grounds of decision of the District Judge were found in this case. |
| L v L | Court of Appeal | Yes | [1996] 2 SLR(R) 529 | Singapore | Cited for the principle that the surname of a child is the symbol of his identity and his relationship with his parents and that the court will not countenance such a change unless there are compelling reasons for doing so. |
| CX v CY | Court of Appeal | Yes | [2005] SLR(R) 690 | Singapore | Cited for guidance that the change of name or surname of the child falls within the list of matters under “custody” as it goes to the identity of the child. |
| UDA v UDB and another | High Court | Yes | [2018] 3 SLR 1433 | Singapore | Cited as authority for the supremacy of parental rights, but the court found that the illustration did not assist the Mother in the present case where the Guardian has been formally appointed by the court as a guardian. |
| Lim Chin Huat Francis and another v Lim Kok Chye Ivan and another | Court of Appeal | Yes | [1999] 2 SLR(R) 392 | Singapore | Cited for the principle that other parties can be recognised as guardians despite there being no formal appointment. |
| Khor Bee Im v Wong Tee Kee | High Court | Yes | [2002] 1 SLR(R) 55 | Singapore | Applied the approach in L v L and refused the father’s application, as it found that there were compelling reasons for the court to countenance the change of surname. |
| TAM v TAN | District Court | Yes | [2014] SGDC 73 | Singapore | Cited for the principle that a change of surname is not necessary just for the child to know that he was the parent’s child. |
| TDI v TDJ | Family Court | Yes | [2016] SGFC 45 | Singapore | Cited for the principle that a change of surname is not necessary just for the child to know that he was the parent’s child and for setting out a list of non-exhaustive relevant factors to consider when deciding applications to countenance or allow a change of the name or surname of a child, subject to the overriding consideration of the best interest of the child. |
| BNS v BNT | Court of Appeal | Yes | [2015] SGCA 23 | Singapore | Cited for the principle that at the end of the day, the welfare of child is paramount, and overrides any other consideration. |
| Re KSE & The Adoption Act 2000 | New South Wales Supreme Court | Yes | [2006] NSWSC 92 | Australia | Referred to by the Mother, but the court found that the principles discussed in the Australian cases are inapplicable to the present case. |
| Re MJR and Another | New South Wales Supreme Court | Yes | [2003] NSWSC 937 | Australia | Referred to by the Mother, but the court found that the principles discussed in the Australian cases are inapplicable to the present case. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Guardianship of Infants Act (Cap 122) | Singapore |
| Section 5 of the Guardianship of Infants Act (Cap 122) | Singapore |
| Section 3 of the Guardianship of Infants Act | Singapore |
| Sections 7(1) and 7(2) of the GIA | Singapore |
| Sections 7(3) of the GIA | Singapore |
| Sections 6(1) and 6(2) of the GIA | Singapore |
| Section 7(5) of the GIA | Singapore |
| Section 7(4) of the GIA | Singapore |
| Section 8 of the GIA | Singapore |
| s 8(c) of the GIA | Singapore |
| Section 11 of the GIA | Singapore |
| ss 16, 17 and 18 of the GIA | Singapore |
| s 10(1) of the Registration of Births and Deaths Act (Cap 267, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Deed poll
- Guardianship
- Custody
- Welfare of the child
- Parental rights
- Guardianship of Infants Act
- Surname
- Racial group
15.2 Keywords
- Child name change
- Guardianship of Infants Act
- Family law Singapore
- Child welfare
- Parental rights
- Guardian rights
16. Subjects
- Family Law
- Child Law
- Guardianship
17. Areas of Law
- Family Law
- Guardianship of Infants Act