A (an infant): Custody Dispute Between French Citizen Father and Moroccan/French Citizen Mother in Singapore

In the case of Re A (an infant) heard in the High Court of Singapore on 28 March 2002, Justice Lai Kew Chai considered an appeal by the father against the decision of the district judge to grant the mother's application for a stay of all proceedings in Singapore in favor of divorce and custody proceedings commenced by the father in France. The court dismissed the appeal, agreeing that the French court was the more suitable forum to decide the questions of custody of and access to the daughter. The father's appeal to the Court of Appeal was filed against this decision.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed with costs.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court case involving a custody dispute between a French father and Moroccan/French mother. The court considers whether Singapore or France is the more suitable forum.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
HusbandPlaintiff, DefendantIndividualAppeal DismissedLost
WifeDefendant, PlaintiffIndividualApplication for Stay GrantedWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Kew ChaiJudgeYes

4. Counsels

4. Facts

  1. The father is a French citizen working in Singapore as a bank tax consultant.
  2. The mother is a citizen of both Morocco and France, working as a medical doctor.
  3. The couple married in France and have a daughter born in Paris.
  4. The mother and daughter have been living in London since August 2000.
  5. The father filed for divorce and custody in France.
  6. The mother sought a stay of proceedings in Singapore in favor of the French court.
  7. The French court granted interim custody to the mother with access to the father.

5. Formal Citations

  1. A (an infant), OS 5091/2000, 5092/2000 ,RA 720055/2001, [2002] SGHC 60

6. Timeline

DateEvent
Couple met in Paris, France.
Couple married in Biscarosse, France.
Daughter born in Paris, France.
Family moved to Singapore.
District Court of Paris attempted to reconcile the parties.
District Court of Paris permitted the father to proceed with the divorce petition and made interim orders.
Wife instituted an originating summons in the Singapore High Court under the Guardianship of Infants Act.
Father filed for divorce in the District Court of Paris, France.
Father commenced similar proceedings under the same Act against the mother for interim legal custody of the daughter.
Mother was working as the Registrar of the Department of Infectious Disease, Communicable Diseases Centre, Tan Tock Seng Hospital.
Mother and daughter moved to London, England.
Father appealed against the orders made on 10 June 2000 and applied to vary the access and maintenance. He failed in his appeal.
Father appealed again but his second appeal failed.
Dr Donabedian submitted a further report to the court after interviewing the father.
Appeal dismissed with costs.

7. Legal Issues

  1. Natural Forum
    • Outcome: The court held that France was the more suitable forum to decide the questions of custody of and access to the daughter.
    • Category: Jurisdictional
    • Sub-Issues:
      • Suitability of Singapore versus France to decide custody and access.
    • Related Cases:
      • [1988] AC 92
      • [1987] 2 All ER 1
      • [1987] AC 460
      • [1986] 3 All ER 843
      • [1986] 3 WLR 972
      • [1984] AC 398
      • [1984] 1 All ER 470

8. Remedies Sought

  1. Stay of Proceedings
  2. Sole Custody
  3. Access to Child
  4. Maintenance for Child

9. Cause of Actions

  • Divorce
  • Custody of Child
  • Access to Child

10. Practice Areas

  • Divorce
  • Child Custody
  • International Litigation

11. Industries

  • Banking
  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
De Dampierre v De DampierreN/AYes[1988] AC 92N/ACited for the principle of forum non conveniens in determining the more suitable forum for matrimonial proceedings.
De Dampierre v De DampierreN/AYes[1987] 2 All ER 1N/ACited for the principle of forum non conveniens in determining the more suitable forum for matrimonial proceedings.
Spiliada Maritime Corp v Cansulex Ltd, The SpiliadaN/AYes[1987] AC 460N/ACited for the principle that a stay will be granted if there is another available forum which is clearly more appropriate for the trial of the action.
Spiliada Maritime Corp v Cansulex Ltd, The SpiliadaN/AYes[1986] 3 All ER 843N/ACited for the principle that a stay will be granted if there is another available forum which is clearly more appropriate for the trial of the action.
Spiliada Maritime Corp v Cansulex Ltd, The SpiliadaN/AYes[1986] 3 WLR 972N/ACited for the principle that a stay will be granted if there is another available forum which is clearly more appropriate for the trial of the action.
The Abidin DaverN/AYes[1984] AC 398N/ACited for the principle that the existence of proceedings in an alternative forum may be relevant to the inquiry of which forum is more appropriate.
The Abidin DaverN/AYes[1984] 1 All ER 470N/ACited for the principle that the existence of proceedings in an alternative forum may be relevant to the inquiry of which forum is more appropriate.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Guardianship of Infants Act (Cap 122)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Natural forum
  • Custody
  • Access
  • Forum non conveniens
  • Guardianship of Infants Act
  • Interim custody
  • Habitual residence

15.2 Keywords

  • Custody
  • Divorce
  • Singapore
  • France
  • Conflict of Laws
  • Forum

17. Areas of Law

16. Subjects

  • Family Law
  • Conflict of Laws
  • Forum Non Conveniens
  • Child Custody