TCV v TCW

CourtFamily Court (Singapore)
JudgeTan Peck Cheng
Judgment Date20 May 2015
Neutral Citation[2015] SGFC 64
Citation[2015] SGFC 64
Docket NumberD884 of 2014
Publication Date22 July 2015
Plaintiff CounselTan Wen Cheng Adrian (August Law Corporation)
SubjectCatchwords: Family Law-Ancillary matters,custody care and control of child
District Judge Tan Peck Cheng: Introduction

This is a hearing of the ancillary matters adjourned to be heard in chambers after Interim Judgement was granted to dissolve the marriage between the Plaintiff (‘husband’) and the Defendant (‘wife’).

I made the following orders: No order on custody care and control of the child M. This is without prejudice to any application by either party for custody care and control and access after the conclusion of the proceedings in the United Kingdom in relation to the child. Each party to retain all assets in their respective name and there shall be no claim against each other for division of matrimonial assets. The Plaintiff shall pay the Defendant a lump sum maintenance of S$2,400. This is without prejudice to any application by either party for maintenance for the child after the conclusion of the proceedings in the United Kingdom in relation to the child. Liberty to apply.

The husband has appealed my decision on custody, care and control of the child. I set out the reasons for my decision.

Background

The husband is a Singapore citizen, last working as a quantitative analyst with xxx in London (‘UK’). The defendant is a Mongolian citizen and a housewife.

The parties married in Singapore on 28 June 2011. Their only son M (‘the child’) was born in UK on xxx July 2012. The child is a Singapore citizen.

The husband’s account of the marriage and the events leading to his application for leave to file a Writ of Summons for divorce within 3 years of the marriage (‘OSF 36/2014’) were as follows: He stated that he met the wife in Singapore in a nightclub in Hyatt Hotel around December 2010. At that time he was employed by xxx in Singapore but he was based in the United Kingdom (‘UK’). He spent 2 months in the first half of 2011 in Singapore with the wife and they married. After the marriage he returned to UK. He then spared no effort and expense to obtain an UK visa for the wife to join him in UK and he finally obtained a dependant’s visa for her in October 2011. The wife was physically and verbally abusive towards him when they were in Singapore in October 2011. She hit him repeatedly with a metal buckle end of a belt, scratched his face with her finger nails and broke his hand phone and laptop. However as he was married only for about 5 months then he wanted to give their marriage a chance and they left for UK on 28 October 2011. Two weeks after they moved to UK the wife discovered that she was pregnant and she subsequently gave birth to the child in UK. In July 2013 the wife and he returned with the child to Singapore for a short break. The wife told him that she wished to take up a full time course when they returned to UK and would not be in a position to take care of the child. They therefore decided to leave the child with his parents in Singapore and returned to UK without the child on 18 August 2013. The wife continued to be violent towards him in UK. She has called police and made police report in UK against him for domestic violence. On one occasion he spent a night in jail due to her complaint but no action was taken against him by...

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