very interesting article -
Court allows girl to relocate to US with mother after divorce
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Source
TODAY
Date
23 May 2012
SINGAPORE - A High Court judge has upheld a lower court's ruling to allow a divorcing couple's nine-year-old daughter to relocate with her American mother to the United States, noting that the issue of relocation with the child is likely to be "frequently raised" before the family court as part of the ancillary matters to be resolved following a divorce.
Compared to families in the past, Justice Andrew Ang said the modern family is "more likely to be the product of a cross-cultural marriage, domiciled in more than one country and, especially in the more developed countries, to have a single offspring".
The child's mother, a 49-year-old American homemaker residing here, filed for divorce in January 2010 from the 52-year-old father, a "wealthy Malaysian businessman".
The parties are not named to protect the child.
An interim judgment for divorce was granted in August last year on the basis of the husband's unreasonable behaviour.
District Judge Amy Tung then granted the wife continued interim sole care and control of their daughter and gave her permission to permanently relocate out of Singapore.
The husband subsequently filed an appeal against the district judge's decision.
In his 30-page written judgment released on Monday, Justice Ang noted "the welfare of the child is the paramount consideration" in relocation applications.
He added: "However, since the long-term interests of the child are closely aligned with the emotional and psychological well-being of the primary caregiver, the court will place considerable weight on an application by the primary caregiver for relocation with the child, provided that such application is based on reasonable grounds and not made in bad faith."
The court will also be sensitive to other factors "in this balancing exercise", although in most cases where the desire of the primary caregiver to relocate is "reasonable and genuine", it is likely to grant the application.
In this case, Justice Ang felt it would be in the child's best interests to allow her to relocate to the US with the mother, who is the child's primary caregiver and "constant" in her life.
While he noted there is "some degree of mutual love and affection between father and daughter", the judge observed that the father has not been a good influence on the child. For example, there were incidents of the child chancing upon pornographic material on the father's phone.
Justice Ang added that the father had also used foul language in the child's presence.
The judge felt the wife's decision to relocate back to the US was "reasonable". He noted that even though she had lived in Singapore since January 2006, she had not become a permanent resident and did not even hold a dependant's pass.
Her decision to relocate back to Illinois in the US would enable her to get the support she needs to move on from the "messy breakdown of her marriage", Justice Ang said.
He added: "Given the husband's financial means, while he may not get to see (the child) as much as he would like, it would not be too difficult for him to make the necessary arrangements to travel down to the US to spend time with her."
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To view the judgment, click <here>.