VPG v VPF: Child Custody, Care and Control, and Relocation Dispute
In cross-appeals before the General Division of the High Court (Family Division), VPG (Mother) and VPF (Father) disputed the care and control and relocation of their 3-year-old child, G. The High Court, presided over by Debbie Ong J, allowed the Father's appeal, granting him care and control of the child and leave to relocate the child with him to India. The court found that the child's connection to Singapore was tenuous and that India was the 'seat' of the family.
1. Case Overview
1.1 Court
General Division of the High Court (Family Division)1.2 Outcome
Appeal allowed in respect of the decision refusing leave for the Father to relocate the child to India. The Father is granted care and control of the child and leave to relocate the child with him to India.
1.3 Case Type
Family
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Cross-appeals regarding care and control and relocation of a 3-year-old child. The court allowed the father's appeal, granting him care and control and leave to relocate the child to India.
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 parties are Indian citizens who were married in 2013.
- Their child, [G], was born in November 2017 and is also an Indian citizen.
- The Mother suffered a brain haemorrhage in May 2018.
- The parties made an agreement in January 2020 for [G] to move to Singapore with her Mother.
- The Mother withdrew her consent to the divorce in May 2020.
- The Father filed an application for sole care and control and for the child to return to India.
- The parties have Employment Passes which do not give any secure long-term immigration status in Singapore.
5. Formal Citations
6. Timeline
| Date | Event |
|---|---|
| Parties married in India | |
| Child [G] born in Mumbai, India | |
| Mother suffered a brain haemorrhage | |
| Marriage broke down | |
| Parties made an agreement in respect of a divorce and for [G] to move to Singapore with her Mother | |
| Mother and child moved to Singapore | |
| Father came to Singapore | |
| Mother withdrew her consent to the divorce | |
| Father filed an application for sole care and control and for the child to return to India | |
| Mother's 6th Affidavit | |
| Judgment delivered |
7. Legal Issues
- Relocation of Child
- Outcome: The court allowed the father's appeal and granted him leave to relocate the child to India.
- Category: Substantive
- Related Cases:
- [2020] 5 SLR 772
- [2018] 2 SLR 833
- Care and Control of Child
- Outcome: The court granted the father care and control of the child.
- Category: Substantive
8. Remedies Sought
- Sole Care and Control
- Relocation of Child to India
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Law
- Child Custody
- Relocation Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| UYK v UYJ | High Court | Yes | [2020] 5 SLR 772 | Singapore | Cited regarding the weight to be given to a child being well-settled in a country in relocation applications. |
| TSF v TSE | Court of Appeal | Yes | [2018] 2 SLR 833 | Singapore | Cited regarding the importance of immigration status in relocation cases. |
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
- Care and Control
- Relocation
- Best Interests of the Child
- Shared Care and Control
- Gatekeeping
- Parental Responsibility
15.2 Keywords
- family law
- child custody
- relocation
- singapore
- india
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Child Custody | 90 |
| Relocation Disputes | 85 |
| Parenting | 60 |
| Divorce | 30 |
16. Subjects
- Family Law
- Child Custody
- Relocation