VSL v VSM: Appeals on Child Custody, Access, and Maintenance Variation
In VSL v VSM, the Family Division of the High Court of Singapore heard appeals from both the Mother (VSL) and Father (VSM) regarding a District Judge's decision to vary a consent order related to child custody, access, and maintenance. The Mother appealed against orders concerning the Father's access and the Child's monthly maintenance, while the Father appealed against the dismissal of his application to reverse care and control and relocate the Child to the Netherlands. Choo Han Teck J dismissed both appeals but varied Clause 3e(d) to backdate the monthly maintenance.
1. Case Overview
1.1 Court
General Division of the High Court (Family Division)1.2 Outcome
Appeals dismissed, but Clause 3e(d) varied to backdate monthly maintenance.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeals regarding child custody, access, and maintenance after a divorce. The court upheld the care arrangement and varied the maintenance order.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| VSL | Appellant, Respondent | Individual | Appeal dismissed in part | Partial | |
| VSM | Respondent, Appellant | Individual | Appeal dismissed | Lost | Lopez Sheela Grace Pandian |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lopez Sheela Grace Pandian | Lee Bon Leong & Co |
4. Facts
- The parties divorced and reached a settlement on ancillary matters.
- The Mother is a Russian national residing in Singapore, and the Father is a Dutch national residing in the Netherlands.
- The parties have one child born in 2011 in Singapore.
- The Consent Order stated joint custody with the Mother having care and control and the Father having reasonable access.
- The Father sought to relocate the Child to the Netherlands, and the Mother sought to vary clauses concerning monthly maintenance and rent.
- The District Judge rejected the Father’s application to relocate the Child.
- The Mother remarried an Indian national with permanent residency and had another child.
5. Formal Citations
- VSL v VSM and other appeals and another matter, , [2021] SGHCF 33
6. Timeline
| Date | Event |
|---|---|
| Child born in Singapore. | |
| Consent Order recorded. | |
| Father to pay monthly maintenance from this date. | |
| Maintenance review date. | |
| Parties filed applications to vary the Consent Order. | |
| Hearing before the District Judge. | |
| E-mails exchanged between parties. | |
| Mother remarried. | |
| Judgment reserved. | |
| Judgment date. |
7. Legal Issues
- Variation of Consent Orders
- Outcome: The court varied Clause 3e(d) to backdate the monthly maintenance.
- Category: Substantive
- Sub-Issues:
- Material change in circumstances
- Welfare of the child
- Child Access
- Outcome: The court upheld the District Judge's order on access.
- Category: Substantive
- Child Maintenance
- Outcome: The court affirmed the District Judge's order on monthly maintenance, excluding rent, and varied Clause 3e(d) to backdate the monthly maintenance.
- Category: Substantive
- Sub-Issues:
- Quantification of expenses
- Lump sum payment
8. Remedies Sought
- Variation of Consent Order
- Relocation of Child
- Lump Sum Payment of Child Maintenance
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Law
- Divorce
- Child Custody
- Child Support
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| VPX v VPY | General Division of the High Court (Family Division) | Yes | [2021] SGHCF 13 | Singapore | Cited regarding the element of subjectivity in assessing what portion of rent should be attributed to the child. |
| VSL v VSM | District Court | Yes | [2021] SGFC 67 | Singapore | Cited for the District Judge's detailed explanation of why she disagreed with the Mother's calculation of the lump sum payment and found some expenses were over-stated. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 128 of the Women's Charter | Singapore |
| s 73 of the Women's Charter | Singapore |
| s 72 of the Women's Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Consent Order
- Care and Control
- Reasonable Access
- Child Maintenance
- Relocation
- Lump Sum Payment
- Arrears
15.2 Keywords
- family law
- child custody
- child maintenance
- divorce
- consent order
- access
- relocation
16. Subjects
- Family Law
- Child Custody
- Child Maintenance
- Divorce
17. Areas of Law
- Family Law
- Child Maintenance
- Custody
- Access
- Variation of Consent Orders