VXF v VXE: Appeal for Care and Control and Relocation of Children to Indonesia
In VXF v VXE, the Appellate Division of the High Court of Singapore heard an application by the wife, VXF, for permission to appeal against the decision of the judge to dismiss HCF/DCA 140/2021, which affirmed the decision to grant care and control of the two children to the husband, VXE, and allow their relocation to Indonesia. The court dismissed the wife's application, finding no prima facie error of law or question of public importance that warranted further argument.
1. Case Overview
1.1 Court
Appellate Division of the High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal by wife (W) for care and control and relocation of children to Indonesia was dismissed, affirming the decision to grant care and control to husband (H).
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| VXF | Applicant | Individual | Application dismissed | Lost | Hing Wei Yuen Angelina, Denny Lin Dianyan |
| VXE | Respondent | Individual | Application dismissed | Won | Foo Siew Fong, Oon Weishein Deseree |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge of the Appellate Division | Yes |
| Hoo Sheau Peng | Judge of the High Court | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hing Wei Yuen Angelina | Integro Law Chambers LLC |
| Denny Lin Dianyan | Integro Law Chambers LLC |
| Foo Siew Fong | Harry Elias Partnership LLP |
| Oon Weishein Deseree | Harry Elias Partnership LLP |
4. Facts
- The parties divorced after 11 years of marriage and have two daughters.
- The husband is an Indonesian citizen, and the wife is an Australian citizen.
- The children hold dual citizenship (Indonesia and Australia).
- The wife's employment pass was cancelled, resulting in the cancellation of the children's dependent passes.
- The District Judge ordered care and control to the husband and relocation of the children to Indonesia.
- The wife filed an appeal against the District Judge's orders.
- The wife filed SUM 1115 seeking leave to relocate with the children to Australia if she could not obtain a fresh employment pass.
5. Formal Citations
- VXF v VXE, Originating Application No 3 of 2022, [2022] SGHC(A) 24
6. Timeline
| Date | Event |
|---|---|
| Couple married in Indonesia. | |
| Couple moved to Singapore. | |
| Husband filed for divorce. | |
| Wife resigned from her employment. | |
| Children's student passes were cancelled. | |
| DJ ordered care and control to H and relocation of children to Indonesia. | |
| Wife filed a notice of appeal vide DCA 140. | |
| Wife's employment pass application submitted. | |
| Wife obtained dependent passes for the children. | |
| DCA 140 heard together with SUM 342. | |
| Judge issued brief grounds of decision in DCA 140. | |
| Husband filed SUM 58 for leave to adduce further evidence. | |
| Wife's employment pass and children's dependent passes were cancelled. | |
| Husband filed SUM 703 in the Family Justice Courts. | |
| Hearing of DCA 140. | |
| Wife filed SUM 1115 in the Family Justice Courts. | |
| Husband filed an affidavit in SUM 1115. | |
| Judge dismissed DCA 140. | |
| Hearing of Originating Application No 3 of 2022. | |
| Judgment date. |
7. Legal Issues
- Care and Control of Children
- Outcome: Care and control of the children granted to the husband.
- Category: Substantive
- Relocation of Children
- Outcome: Relocation of the children to Indonesia was allowed.
- Category: Substantive
- Permission to Appeal
- Outcome: Permission to appeal was denied.
- Category: Procedural
- Adducing Further Evidence
- Outcome: The judge considered SUM 703 but declined to hear SUM 1115.
- Category: Procedural
8. Remedies Sought
- Permission to appeal
- Care and control of children
- Relocation of children to Australia
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Litigation
- Appellate Practice
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lee Kuan Yew v Tang Liang Hong and another | Court of Appeal | Yes | [1997] 2 SLR(R) 862 | Singapore | Cited for the grounds upon which permission to appeal may be granted. |
| Aries Telecoms (M) Bhd v ViewQwest Pte Ltd (Fiberail Sdn Bhd, third party) | High Court | Yes | [2017] 4 SLR 728 | Singapore | Cited regarding the effect of the judgment on the substantive rights of the parties. |
| IW v IX | High Court | Yes | [2006] 1 SLR(R) 135 | Singapore | Cited regarding errors of fact in respect of which permission to appeal is generally not available. |
| Engine Holdings Asia Pte Ltd v JTrust Asia Pte Ltd | High Court | Yes | [2022] 1 SLR 370 | Singapore | Cited regarding errors of fact in respect of which permission to appeal is generally not available. |
| VXE v VXF | District Court | Yes | [2021] SGFC 114 | Singapore | Affirmed the decision of DJ Nicole Loh awarding care and control of the children to the husband and relocation of the children to Indonesia. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (S 914/2021) |
| Order 19, Rule 24 of the Rules of Court (S 914/2021) |
| Order 19, Rule 26 of the Rules of Court (S 914/2021) |
| Order 19, Rule 35 of the Rules of Court (S 914/2021) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act 1969 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Care and control
- Relocation
- Employment Pass
- Dependent Pass
- Prima facie error of law
- Public importance
- Permission to appeal
15.2 Keywords
- Family
- Divorce
- Children
- Relocation
- Singapore
- Appeal
16. Subjects
- Family Law
- Civil Procedure
17. Areas of Law
- Family Law
- Civil Procedure
- Appeals
- Immigration Law