APO v APP
Jurisdiction | Singapore |
Judge | Brenda Tan |
Judgment Date | 23 March 2011 |
Neutral Citation | [2011] SGDC 96 |
Docket Number | OSF 318/2010/P; Summons 18409/2010/D: RAS 13/2011 |
Year | 2011 |
Published date | 19 April 2011 |
Citation | [2011] SGDC 96 |
Plaintiff Counsel | Alfred Dodwell (Advcoatus Law LLP) |
Defendant Counsel | Kana (Kana & Co) |
Court | District Court (Singapore) |
The Plaintiff (“the father”) and the Defendant (“the mother”) are not married. The father is an ethnic Chinese who holds an xxx passport. The mother is a xxx national. The parties were co-habiting in Singapore and are the natural parents of 2 young children both born in Singapore, a boy aged 5, born on xxx 2005 and a girl aged 3, born on xxx 2007. On or about 12 Oct 2010, the mother suddenly took the children out of Singapore without informing the father. On 27 Oct 2010, the father commenced Originating Summons OSF318/2010/P through his solicitors, M/s Advocatus Law LLP, against the mother for amongst others, joint custody of the children with care and control to the father and reasonable access to the mother. On 28 Oct 2010, the father filed an ex parte summons no. 18409/2010/D for the following interim orders:
The ex parte summons was heard before the learned duty District Judge on an urgent basis on 1 Nov 2010. On 2 Nov 2010, the learned duty District Judge made the following orders:
The inter parte hearing was held on 30 Nov 2010 before me. Both the father’s counsel, Mr Alfred Dodwell and the mother’s counsel, Mr Kana were present. At the outset of the hearing, Mr Kana informed the court that the mother and children were in xxx and that they had no intention to ever return to Singapore. Through the written submissions of Mr Dodwell, the following facts were brought to the court’s attention. The father had informed the mother via email on 3 Nov 2010 regarding the ex parte Order of Court. On 4 Nov 2010, M/s Kana & Co notified the father’s solicitors that they had been appointed by the mother to act for her in the matter. On 15 Nov 2010 the father conveyed his offer to pay for the mother’s and children’s return flight tickets to Singapore and to settle the matter amicably. On 16 Nov 2010, M/s Kana & Co turned down the father’s offers and stated that the mother had instructed them to defend her in the matter. Mr Kana told the court that his instructions were to contest the matter on point of jurisdiction and that the mother had affirmed an affidavit which was just filed and served the day before. As Mr Kana had been busy preparing the mother’s affidavit, he was not ready with his legal arguments. I therefore adjourned the case to 11 Jan 2011 to allow Mr Kana to make his legal submissions. Pending the next hearing, with immediate effect, I also ordered the mother to grant the father Skype access to the children for at least 4 days in a week, each session to last at least 1 hour and that the arrangements were to be made between the parents via email.
On 11 Jan 2011, Mr Kana tendered skeletal written submissions and Mr Dodwell also tendered skeletal written reply. Mr Kana essentially argued that xxx was the proper forum to hear this case and the mother was not in contempt of court as she had left Singapore before this summons application was taken out. Mr Dodwell repeated his argument that the mother should first purge her contempt before she could be heard on the matter and asked that the father should be given interim sole custody, care and control of the children. I reserved judgment and said that I would give my decision on 19 Jan 2011.
On 19 Jan 2011, I made the following orders:
On the same day, the father’s solicitors wrote in to request for further arguments. The request was not granted. On 24 Jan 2011, the father’s solicitors filed notice of appeal against my decision and they are also seeking the following orders from the High Court:
The father was born in xxx, turned refugee in xxx when the communist regime took over, was later raised in xxx and now a permanent resident in Singapore. He has been living in Singapore since 1993. He is the founder of the xxx, a lifestyle group that comprises restaurants, bars and clubs in Singapore and overseas. The mother was a xxx divorcee. They met sometime in 1998 or 1999 in xxx when they were both on holiday. The mother later moved to Singapore and they started cohabiting 5 to 6 years ago. They have 2 children who were born in and grew up in Singapore. The children hold both xxx and xxx passports. Before the mother removed the children to xxx on 12 Oct 2010, they were attending pre-school in Singapore.
The couple had a stormy relationship and started living separately from 2009. The mother had care and control of the children while the father would...
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