VFU v VFV: Jurisdiction of Family Court in Committal Proceedings after Syariah Court Divorce

In Registrar's Appeal No 45 of 2019, the High Court (Family Division) heard an appeal by VFU against the decision of a District Judge regarding the jurisdiction of the Family Court to hear committal proceedings against VFV for alleged breaches of a custody order. The custody order was made in the Family Court before VFU commenced divorce proceedings in the Syariah Court. The High Court, in a judgment delivered by Justice Debbie Ong, allowed the appeal, holding that the Family Court has jurisdiction to hear the committal proceedings and that a Syariah Court continuation certificate is not required.

1. Case Overview

1.1 Court

High Court (Family Division)

1.2 Outcome

Appeal allowed.

1.3 Case Type

Family

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The Family Court has jurisdiction to hear committal proceedings for breaches of a custody order, even after divorce proceedings commence in Syariah Court. A Syariah Court continuation certificate is not required.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VFVRespondent, PlaintiffIndividualAppeal dismissedLost
VFUAppellant, DefendantIndividualAppeal allowedWon

3. Judges

Judge NameTitleDelivered Judgment
Debbie OngJudgeYes

4. Counsels

Counsel NameOrganization
Anuradha d/o Krishan Chand SharmaWinchester Law LLC
Patrick FernandezFernandez LLC

4. Facts

  1. The Appellant-Father and Respondent-Mother are Muslim parties who were married under Muslim law.
  2. They have three children aged ten, nine and five years old.
  3. The Mother filed Originating Summons (Guardianship) No 9 of 2017 (“OSG 9/2017”) in the Family Court after the parties had serious marital difficulties.
  4. OSG 9/2017 was resolved by way of a Consent Order recording the parties’ agreed terms on 9 March 2017 (the “OSG Order”).
  5. The Father was to have access to the children of the marriage.
  6. On 11 September 2018, the Father commenced divorce proceedings in the Syariah Court.
  7. The Father filed committal proceedings Summons 2221 of 2019 (“FC/SUM 2221/2019”) on 4 July 2019.

5. Formal Citations

    6. Timeline

    DateEvent
    Consent Order recording parties’ agreed terms on access of the children (OSG Order)
    Father commenced divorce proceedings in the Syariah Court
    Father filed committal proceedings (FC/SUM 2221/2019)
    Interim orders in relation to the access of the children were made by the Syariah Court
    Interim orders in relation to the access of the children were made by the Syariah Court
    District Judge decided that the Family Court had no jurisdiction to hear the committal proceedings without a continuation certificate
    Judgment delivered

    7. Legal Issues

    1. Jurisdiction of Family Court
      • Outcome: The Family Court has jurisdiction to hear committal proceedings for breaches of a custody order, even after divorce proceedings commence in Syariah Court. A Syariah Court continuation certificate is not required.
      • Category: Jurisdictional

    8. Remedies Sought

    1. Committal Order

    9. Cause of Actions

    • Breach of Custody Order

    10. Practice Areas

    • Family Litigation

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    No cited cases

    13. Applicable Rules

    Rule Name
    No applicable rules

    14. Applicable Statutes

    Statute NameJurisdiction
    Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore
    Administration of Muslim Law ActSingapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Syariah Court
    • Continuation Certificate
    • Committal Proceedings
    • Custody Order
    • Access Order
    • Family Court
    • Guardianship
    • Divorce Proceedings

    15.2 Keywords

    • Family Court
    • Syariah Court
    • Jurisdiction
    • Committal Proceedings
    • Custody
    • Divorce

    17. Areas of Law

    Area NameRelevance Score
    Family Law90
    Muslim Law80
    Child Custody70
    Maintenance60
    Matrimonial Assets50
    Contempt of Court40
    Criminal Procedure30
    Succession Law10
    Trust Law5

    16. Subjects

    • Family Law
    • Jurisdiction
    • Civil Procedure
    • Muslim Law