VTU v VTV: Relocation Application, Custody, and Care & Control Dispute

In the Family Justice Courts of Singapore, Justice Choo Han Teck heard the relocation application of VTU (the Wife) to bring the children to Malaysia, opposed by VTV (the Husband). The Wife had moved the children to Malaysia in October 2020. The court considered the welfare of the children, the wishes of the primary caregiver, and the need to maintain a relationship with the other parent. The court did not grant the relocation application, nor did it vary the existing orders, and ordered the Wife to pay the costs of both applications.

1. Case Overview

1.1 Court

Family Justice Courts of the republic of singapore

1.2 Outcome

Wife's relocation application not granted; Husband's application to vary orders not allowed. Wife to pay costs of both applications.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning a relocation application by the wife to move children to Malaysia. The court considered custody, care and control, and the children's welfare.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VTUPlaintiffIndividualRelocation application not grantedLost
VTVDefendantIndividualApplication to vary orders not allowedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Ong Kah Liang BasilPK Wong & Nair LLC
Kerri TanPK Wong & Nair LLC
Chua Junyi LeonardDamodara Ong LLC
Lim Qui’enDamodara Ong LLC

4. Facts

  1. The parties were married in December 2010 and have two children.
  2. The Wife is a Malaysian national and Singapore Permanent Resident; the Husband is a Singapore citizen.
  3. The Wife filed for divorce on 7 January 2019; interim judgment was granted on 18 June 2019.
  4. The Wife travelled to Kuala Lumpur on 15 July 2020 and remained there.
  5. The children joined the Wife in Malaysia on 31 October 2020 and have not returned to Singapore.
  6. The Wife filed a relocation application on 24 December 2020 to bring the children to Malaysia.
  7. The Husband opposed the relocation application and sought the return of the children.

5. Formal Citations

  1. VTU v VTV, Divorce (Transferred) No 101 of 2019, Summons 4085 of 2020, Summons 137 of 2021, [2021] SGHCF 28

6. Timeline

DateEvent
Parties married in Malaysia.
Parties founded accounting firm, [EE] Pte Ltd.
Wife filed for divorce.
Interim judgment granted.
Wife travelled to Kuala Lumpur for work.
Children joined Wife in Malaysia.
Wife's solicitor's letter stated intent to bring children back to Singapore after medical appointments.
Wife filed relocation application.
Elder daughter started at an international school in Kuala Lumpur.
Hearing on relocation application.
Judgment reserved.

7. Legal Issues

  1. Relocation of Children
    • Outcome: The court did not grant the relocation application.
    • Category: Substantive
  2. Care and Control of Children
    • Outcome: The court did not vary the existing care and control orders.
    • Category: Substantive

8. Remedies Sought

  1. Relocation of children to Malaysia
  2. Return of children to Singapore
  3. Variation of care and control orders

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Divorce
  • Child Custody
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
BNT v BNSN/AYes[2014] 4 SLR 859SingaporeCited for the principle that the welfare of the child is the paramount consideration in relocation applications, and that the wishes of the primary caregiver are important but not always decisive.
UFZ v UFYN/AYes[2018] 4 SLR 1350SingaporeCited for the principle that the relocated children having less access and interaction with the left-behind parent is not determinative if relocation is in the welfare of the children.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Guardianship of Infants Act (Cap 122, 1985 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Relocation application
  • Care and control
  • Custody
  • Welfare of the child
  • Primary caregiver
  • Joint custody

15.2 Keywords

  • divorce
  • relocation
  • custody
  • children
  • family law
  • singapore

17. Areas of Law

Area NameRelevance Score
Divorce95
Family Law95
Child Custody90
Relocation Disputes90
Care and Control85
Access to Children70
Maintenance60
Matrimonial Assets60

16. Subjects

  • Family Law
  • Divorce
  • Child Custody
  • Relocation