XBF v XBE: Appeal Against Orders for Care & Control and Relocation of Children to Indonesia
XBF appealed against the District Court's orders granting XBE care and control of their three children and allowing their relocation to Indonesia. The High Court, presided over by Choo Han Teck J, allowed the appeal, emphasizing that the primary issue was the relocation of the children, not solely care and control. The court found that it was in the children's best interests to remain in Singapore, and that the issue of care and control should be determined in divorce proceedings.
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 against orders granting care and control of three children to the mother and allowing relocation to Indonesia. The court allowed the appeal, prioritizing the children's best interests.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| XBF | Appellant | Individual | Appeal Allowed | Won | Kulvinder Kaur |
| XBE | Respondent | Individual | Orders Reversed | Lost | June Lim Pei Ling |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kulvinder Kaur | I.R.B Law LLP |
| June Lim Pei Ling | Eden Law Corporation |
4. Facts
- The parties were married in November 2015 and have three children.
- The Respondent took the children to Jakarta without informing the Appellant.
- The Appellant brought the children back to Singapore on 31 October 2023.
- The Respondent applied for the children to be relocated to Jakarta.
- The Appellant cross-applied for sole custody, care and control of the children.
- The Respondent's Singapore Permanent Residency was cancelled after she left for Bali without a re-entry permit.
- The children were born and raised in Singapore.
5. Formal Citations
- XBF v XBE, , [2024] SGHCF 42
- XBF v XBE, District Court Appeal No 75 of 2024, District Court Appeal No 75 of 2024
- XBF v XBE, District Court Appeal No 76 of 2024, District Court Appeal No 76 of 2024
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Parties and children moved out of Appellant's parents' house | |
| Parties and children moved into flat at The M | |
| Respondent and children flew to Bali | |
| Appellant arrived in Bali | |
| Appellant had a quarrel with the Respondent | |
| Respondent and children went missing | |
| Appellant brought the children back to Singapore | |
| Respondent filed an application for relocation of children to Jakarta | |
| Appellant cross-applied for sole custody, care and control of the children | |
| Judgment reserved | |
| Judgment reserved | |
| Judgment delivered |
7. Legal Issues
- Relocation of Children
- Outcome: The court held that the relocation of the children to Indonesia was not in their best interests.
- Category: Substantive
- Care and Control of Children
- Outcome: The court determined that the issue of care and control should be decided in divorce proceedings.
- Category: Substantive
- Primary Caregiver
- Outcome: The court found that even if the Respondent had been the primary caregiver, the DJ should not have ordered a relocation on the facts and circumstances of the present case.
- Category: Substantive
8. Remedies Sought
- Relocation of children to Jakarta
- Sole custody, care and control of the children
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Law
- Child Custody
- Relocation Disputes
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Guardianship of Infants Act 1934 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Relocation
- Care and control
- Best interests of the child
- Primary caregiver
- Abduction
- Permanent Residency
15.2 Keywords
- Family Law
- Child Custody
- Relocation
- Singapore
- Appeal
16. Subjects
- Family Law
- Child Custody
- Relocation
17. Areas of Law
- Family Law
- Custody
- Relocation Law