TCI v TCJ
Court | Family Court (Singapore) |
Judge | Jen Koh |
Judgment Date | 07 May 2015 |
Neutral Citation | [2015] SGFC 58 |
Citation | [2015] SGFC 58 |
Docket Number | Divorce No. 5047 of 2012 |
Hearing Date | 27 April 2015,20 April 2015,06 March 2015 |
Plaintiff Counsel | Ms Anamah Tan (M/s Ann Tan & Associates) |
Defendant Counsel | Defendant In Person |
Subject Matter | Catchwords: relocation, custody care and control, division of assets, maintenance. |
Published date | 21 July 2015 |
The parties are Australian citizens who were married on 26 March 2005 in Australia. The marriage was previously registered in London, UK in August 2004. Prior to the marriage, the parties were involved in a committed relationship with each other. There are 2 children from this marriage, a daughter borne to the parties when they were in London, UK (she will turn 9 in May 2015) and a son aged 6 borne in Singapore (he will turn 7 in September 2015).
The parties came to Singapore sometime in August 2008 due to the husband’s employment (the wife said that they were actually in Singapore from 2007). The marriage between the parties ran into difficulties in 2012 and the wife (the Defendant) left the matrimonial home in October 2012 with the daughter. In December 2012, she took the son whom she said she was restrained from taking when she left in October 2012. From 30 December 2012, the children have been with the wife.
In October 2012, the husband (Plaintiff) commenced divorce proceedings in Singapore. The wife contested the proceeding. The parties were eventually granted an Interim Judgment on 22 April 2012 (cross claims) with the contested ancillary matters adjourned to be heard in chambers. Parties also commenced various interlocutory applications inter alia, for interim custody care and control orders as well as access and interim maintenance orders. The parties filed several affidavits in respect of these applications for interim care and control of the children, access in Singapore, holiday access, release of children’s passports, and personal protection orders on behalf of the children and no less than about 70 affidavits have been filed in the history of this case.
Interim orders on custody care and control were made on 19 August 2013 and were appealed against. At the hearing of the appeal, the High Court ordered, on 14 October 2013, that the wife was to have care and control of the children with terms of access to the husband.
Interim maintenance orders were made on 21 November 2013 which remained in force at the time when the matter came on for hearing before me in respect of the final ancillary matters. The husband was ordered to pay interim maintenance of $3,200-00 as maintenance for the children as well as the children’s school fees and school related expense such as excursions, school enrichment classes and school transport.
Ancillary Matters and Orders made on 27 April 2015The ancillary matters came on for hearing before me on 6 March 2015. I directed parties to file updated documents and adjourned the matter for decision on 6 April 2015 at 215 pm. On 23 March 2015, the husband filed a summons for leave to file a further affidavit on matters relating to custody care and control of the children. On 8 April 2015, the wife filed an application for leave to relocate to the parties’ home country. I dealt with the further applications and heard the parties on 20 April 2015. I made my orders on 27 April 2015 for the ancillary matters as well as for the 2 further summonses filed by the parties as follows:-
The Ancillary Matters - Order made 27 April 2015
Interlocutory application
Custody and Access
Relocation and access terms on relocation
Maintenance
Division of assets
Other orders
In anticipation of an appeal, I allowed an oral application by the husband for the orders on relocation to be stayed pending an appeal to be filed. I gave directions for the filing of the Record of Appeal and the filing and exchange of submissions. The parties indicated that they would be available for a hearing date in the first week of June, before the date of intended relocation on 7 June 2015. Taking into account the children’s welfare and best interests, I agreed with this request and allowed a hearing date for the appeal (to be filed) in the first week of June 2015.
Clarification of orders - 30 April 2015 The husband wrote in for clarification of the orders on 27 April 2015 and the orders were clarified on 30 April 2015 as follows:
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