VJM v VJL: Cross Appeals on Child Custody, Shared Care and Control, Relocation, and Maintenance
In cross-appeals before the General Division of the High Court (Family Division) in Singapore, VJM (the Father) and VJL (the Mother) contested orders regarding the custody, care and control, and access arrangements for their young son, N, following their divorce. The Mother appealed against joint custody and sought sole custody, while the Father appealed against the order allowing N to relocate with the Mother to the US and the denial of shared care and control. Justice Debbie Ong upheld the joint custody order, affirmed the relocation of N to the US with the Mother, and maintained the sole care and control order in favor of the Mother, with some variations to the access orders. The court also addressed issues of spousal maintenance and costs, ultimately dismissing both appeals with each party bearing their own costs.
1. Case Overview
1.1 Court
General Division of the High Court (Family Division)1.2 Outcome
Appeals dismissed with some variations to access orders; all other orders affirmed.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Cross-appeals concerning custody, care & control, access arrangements for child N after divorce. Court upheld joint custody, relocation to US, and sole care & control to mother.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Debbie Ong | Judge of the High Court | Yes |
4. Counsels
4. Facts
- The Mother and Father were married in the US in November 2012.
- The Father commenced divorce proceedings on 5 July 2018.
- The child, N, was born on 22 March 2017 and holds both American and British citizenship.
- Neither parent holds permanent residence status in Singapore.
- The Mother sought to relocate with N to Florida, USA.
- The Father sought shared care and control of N.
- A psychologist prepared a report on the Father's suitability as a caregiver.
5. Formal Citations
- VJM v VJL and another appeal, , [2021] SGHCF 16
- VJL v VJM, , [2020] SGFC 59
- VJM v VJL, District Court Appeal (Family Division) No 55 of 2020, District Court Appeal (Family Division) No 55 of 2020
- VJL v VJM, District Court Appeal (Family Division) No 56 of 2020, District Court Appeal (Family Division) No 56 of 2020
- VJL v VJM, Divorce Suit No 3091 of 2018, Divorce Suit No 3091 of 2018
6. Timeline
| Date | Event |
|---|---|
| Mother and Father married in the US | |
| Child N born | |
| Child N in Mother's sole care since May 2018 | |
| Father commenced divorce proceedings | |
| Mother and N left Singapore for the US | |
| Hearing date | |
| Hearing date | |
| Decision delivered |
7. Legal Issues
- Child Custody
- Outcome: The court upheld the order for joint custody, emphasizing the importance of both parents' involvement in the child's life.
- Category: Substantive
- Related Cases:
- [2005] 3 SLR(R) 690
- Relocation of Child
- Outcome: The court affirmed the decision to allow the Mother to relocate with the child to the US, considering the family's lack of connection to Singapore.
- Category: Substantive
- Related Cases:
- [2020] 5 SLR 772
- Care and Control
- Outcome: The court upheld the order granting sole care and control to the Mother, finding that shared care and control was not workable in this case.
- Category: Substantive
- Related Cases:
- [2018] 5 SLR 1089
- [2021] SGFC 13
- Access
- Outcome: The court made some variations to the access orders, including adjustments to the frequency and duration of access periods in the US and suspension of access in the Father's country of residence for three years.
- Category: Substantive
- Maintenance of Former Spouse
- Outcome: The court upheld the decision not to grant maintenance to the Mother, finding that she had sufficient financial resources.
- Category: Substantive
8. Remedies Sought
- Sole Custody
- Shared Care and Control
- Relocation to the US
- Maintenance of Former Spouse
- Specific Access Orders
9. Cause of Actions
- Divorce
- Custody
- Relocation
10. Practice Areas
- Family Law
- Divorce
- Child Custody
- Relocation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| CX v CY (minor: custody and access) | Court of Appeal | Yes | [2005] 3 SLR(R) 690 | Singapore | Cited as a seminal decision emphasizing that the welfare of a child is best secured by letting him enjoy the love, care, and support of both parents and promoting joint parenting. |
| UYK v UYJ | High Court | Yes | [2020] 5 SLR 772 | Singapore | Cited for the principle that relocation may be allowed when the family lacks a strong connection to Singapore. |
| TAU v TAT | N/A | Yes | [2018] 5 SLR 1089 | Singapore | Cited to clarify that shared care and control is different from joint custody and to emphasize that the court will consider factors such as the child’s needs and the parents’ ability to cooperate when determining whether shared care and control would be in the child’s welfare. |
| TRY v TRZ | Family Court | Yes | [2021] SGFC 13 | Singapore | Cited to demonstrate that shared care and control may be ordered where suitable in promoting the child’s welfare. |
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
- Shared Care and Control
- Joint Custody
- Relocation
- Access
- Parental Responsibility
- Welfare of the Child
- Therapeutic Counselling
15.2 Keywords
- family law
- divorce
- child custody
- relocation
- shared care
- access
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Child Custody | 90 |
| Shared Care and Control | 85 |
| Relocation of Child | 80 |
| Access to Children | 75 |
| Child Support | 70 |
| Divorce | 60 |
| Maintenance | 50 |
| Therapeutic Counselling | 40 |
16. Subjects
- Family Law
- Divorce
- Child Custody
- Relocation