VHK v VHL: Child Custody, Access, and Contempt of Court in Divorce Proceedings

In the divorce case of *VHK v VHL*, the Family Division of the High Court of Singapore, presided over by Choo Han Teck J, addressed disputes over child custody and access. The court initially granted joint custody to both parents, with care and control to the Mother and access to the Father. However, due to the Mother's repeated defiance of court orders, including failure to comply with access arrangements and a warrant for her arrest, the court granted the Father's application for sole custody, care, and control of the Child. The Father's committal application against the Mother was adjourned until she is physically present before the court.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Order granted to the Father for sole custody, care, and control of the Child.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning child custody and access disputes. The court granted the father sole custody, care, and control due to the mother's defiance of court orders.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VHKPlaintiffIndividualLostLost
VHLDefendantIndividualWonWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization

4. Facts

  1. The parties married in Singapore and the US in 2013.
  2. The Child was born in the US in 2014 and holds both Singapore and American citizenships.
  3. The Mother left the Father in 2016 and moved back to Hawaii with the Child.
  4. The Mother commenced divorce proceedings in Singapore in 2018.
  5. The court initially granted joint custody to both parents, with care and control to the Mother and access to the Father.
  6. The Mother repeatedly defied court orders, including access arrangements.
  7. A warrant of arrest was issued for the Mother.
  8. The Mother took the Child overseas just before a hearing and did not turn up on the day of the hearing because the Child was allegedly ill.

5. Formal Citations

  1. VHKvVHL, Divorce (Transferred) No 2504 of 2018, [2023] SGHCF 34

6. Timeline

DateEvent
Marriage solemnized and registered in Singapore
Marriage recorded in the United States of America
Child born in the US
Mother filed for divorce in Hawaii
Mother relocated to Singapore with the Child
Divorce application in the US was dismissed
Mother commenced divorce proceedings in Singapore
Interim judgment of divorce granted
Ancillary matters heard by Tan Puay Boon JC
Tan JC gave decision on the ancillary matters
Tan JC heard further arguments and made amendments to the original AM orders
Father filed HCF/SUM 363/2021 for an order of committal
Debbie Ong J found the Mother in breach of orders pertaining to the division of matrimonial assets
Mother paid the fine
HCF/SUM 235/2022 heard by Choo Han Teck J
Mother ordered to bring the Child to Florida
Interview of the Child fixed
Mother appeared before the court alone
Leave granted to commence committal proceedings against the Mother
Mother sent an email to the Father stating she was in Annecy
Mother was absent from hearing and a warrant of arrest was ordered
Mother was again absent from hearing and further orders were made
Warrant was issued for the Mother’s arrest
Father applied under HCF/SUM 133/2023 to reverse the previous order for care and control
Hearing on HCF/SUM 133/2023. Father granted sole custody, care and control of the Child

7. Legal Issues

  1. Child Custody
    • Outcome: The court granted the Father sole custody, care, and control of the Child.
    • Category: Substantive
  2. Contempt of Court
    • Outcome: The Father's committal application against the Mother was adjourned until she is physically present before the court.
    • Category: Procedural
  3. Access
    • Outcome: The court modified access orders to grant the Father sole custody, care, and control of the Child, and expressed hope that the Father would comply with the terms of access for the Mother.
    • Category: Substantive

8. Remedies Sought

  1. Divorce
  2. Custody
  3. Access
  4. Committal

9. Cause of Actions

  • Divorce
  • Contempt of Court

10. Practice Areas

  • Family Law
  • Child Custody
  • Divorce

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Custody
  • Access
  • Care and control
  • Contempt of court
  • Warrant of arrest
  • Parental alienation

15.2 Keywords

  • Divorce
  • Child Custody
  • Access
  • Contempt of Court
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Family Law100
Child Custody95
Care and Control95
Access to Children95
Divorce80
Contempt of Court70

16. Subjects

  • Family Law
  • Divorce
  • Child Custody
  • Contempt of Court