VFV v VFU: Appeal over Contempt of Court for Breach of Consent Order on Child Access

In VFV v VFU, the High Court of Singapore heard an appeal from the Family Justice Courts regarding a finding of contempt of court against the appellant mother, VFV, for breaching a consent order related to child access. The respondent father, VFU, alleged that the mother denied him physical and telephone access to their children. The High Court, presided over by Choo Han Teck J, allowed the appeal, finding that the mother's failure to provide access was due to an honest and reasonable misapprehension regarding the validity of the consent order, given the ongoing proceedings in the Syariah Court. The court also noted that the mother had purged the contempt by complying with subsequent Syariah Court orders.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeal Allowed

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding contempt of court. The High Court allowed the appeal, finding the mother's failure to provide access was an honest and reasonable mistake.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VFVAppellantIndividualAppeal AllowedWon
VFURespondentIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Anuradha d/o Krishan Chand SharmaWinchester Law LLC
Patrick FernandezFernandez LLC
Tan Wee Tim CherylFernandez LLC

4. Facts

  1. The Mother and Father were married on 22 August 2008 and have three children.
  2. A Consent Order was entered on 9 March 2017, granting the Mother sole interim care and control and the Father interim access.
  3. The Father commenced divorce proceedings in the Syariah Court on 11 September 2018.
  4. The Father filed an ex parte application in the Syariah Court on 19 June 2019 to take over care and control.
  5. The Father filed a summons for an order of committal on 4 July 2019, alleging the Mother denied him access.
  6. The DJ found the Mother in contempt of court on 13 April 2021 for breaching the Consent Order between 19 June 2019 and 11 August 2019.
  7. The Mother appealed against the conviction.

5. Formal Citations

  1. VFV v VFU, , [2021] SGHCF 23
  2. , Registrar’s Appeal from the Family Justice Courts No 10 of 2021, Registrar’s Appeal from the Family Justice Courts No 10 of 2021

6. Timeline

DateEvent
Parties married under Muslim law.
Parties entered into a consent order in the Family Justice Court following a mediation.
The Father commenced divorce proceedings in the Syariah Court.
The Father filed an urgent ex parte application in the Syariah Court to take over the care and control of the children.
The Father filed a summons for an order of committal.
Syariah Court granted an interim order.
Syariah Court granted the Father interim weekly supervised access to the children.
Hearing of the committal proceedings.
Debbie Ong J reversed the DJ’s decision.
The DJ found the Mother to be in contempt of court.
Judgment reserved.
Judgment date.
Judgment of the Syariah Court was handed down.

7. Legal Issues

  1. Contempt of Court
    • Outcome: The court found that the mental element for contempt was not satisfied due to the Mother's honest and reasonable misapprehension of the validity of the Consent Order.
    • Category: Substantive
    • Sub-Issues:
      • Breach of Consent Order
      • Mental Culpability
      • Honest and Reasonable Failure to Understand Obligation

8. Remedies Sought

  1. Order of Committal
  2. Fine

9. Cause of Actions

  • Contempt of Court

10. Practice Areas

  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
VFU v VFVGeneral Division of the High Court (Family Division)Yes[2020] SGHCF 3SingaporeThe High Court held that the Consent Order was valid until the Syariah Court made its orders over the same subject matter.
Pertamina Energy Trading Ltd v Karaha Bodas Co LLCN/AYes[2007] 2 SLR(R) 518SingaporeCited for the standard of proof in contempt of court cases, which is beyond reasonable doubt.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 332, 2007 Rev Ed) s 17ASingapore
Administration of Justice (Protection) Act 2016 (Act 19 of 2016)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Consent Order
  • Contempt of Court
  • Syariah Court
  • Access
  • Mental Culpability
  • Honest and Reasonable Failure

15.2 Keywords

  • Family Law
  • Contempt of Court
  • Child Access
  • Singapore
  • Appeal

17. Areas of Law

Area NameRelevance Score
Contempt of Court90
Family Law70
Syariah Law60
Civil Procedure50
Administrative Law30

16. Subjects

  • Family Law
  • Contempt of Court
  • Civil Procedure