SINGAPORE Trends and Developments Contributed by: Kee Lay Lian, Yoon Min Joo, Shawn Teo and Joshua Daniel Foo, Rajah & Tann Singapore
Practitioners should therefore ensure that their client’s affidavit exhibits concrete evidence of: • secured or near-secured accommodation arrange - ments; • confirmed school enrolment or evidence of active enrolment applications; • established employment arrangements and a sus - tainable financial plan; • accessible healthcare services and developmental support, particularly where the child has special needs; and • the necessary immigration, visa, or residency per - missions. Devise a generous post-relocation access plan Given the court’s concern over loss of the parent-child relationship, a relocating parent must demonstrate a clear plan to facilitate the non-relocating parent’s con - tinued relationship with the child. In XII (HC), the court noted that the father “had offered to facilitate [the mother’s] travels to Singapore” and “was open to the Court making orders similar to those made by the Court of Appeal in TSF”, and, critically, that this was not “all just talk” as he had taken actual steps such as agreeing to a professional parenting coordinator (at [52]). In YCB v YCC [2026] SGFC 57, the court allowed relocation “with a strong post-relo - cation access plan” comprising daily video calls, over - night access when the father visits, and alternating school holiday access (at [5] – [6]). The access plan should therefore ideally include: • regular and specific remote access arrangements (eg, daily video calls at a time reasonable for the child); • physical access during school holidays with a clear allocation between parties; • travel arrangements and who bears costs; and • practical mechanisms to facilitate coordination (eg, parenting co-ordination apps or a professional parenting coordinator). Demonstrate willingness and capacity to co-parent The court is highly attuned to each parent’s willing - ness to support the child’s relationship with the other.
In XII v XIJ [2025] SGFC 40 (XII (FC)), the court noted that the mother “was unable to recognise the [f]ather’s contributions to the children’s upbringing and could only see all sorts of reasons to find fault with his par - enting”, and that her “lack of insight on the impor - tance of co-parenting and belief that she had superior right” made the court “doubt whether she would be able to support the father–sons bond” (at [89]). This was pivotal in refusing her relocation application. By contrast, the father was found to have consistently demonstrated a willingness to support the children in having a close relationship with the mother (at [90]). As such, practitioners advising relocating parents should ensure that their client’s affidavit positively affirms the importance of the child’s relationship with the non-relocating parent, avoids diminishing or fault-finding of the other parent’s contributions, and includes concrete proposals to maintain and encour - age contact. Practical Considerations – Resisting a Relocation Application Demonstrate the close and meaningful relationship between the non-relocating parent and the child The responding parent should adduce detailed evi - dence of their involvement in the child’s daily life. In BNS, the Court of Appeal noted that the father had “taken steps to play an active, involved role in their lives” and shared a “strong, vibrant relationship” with the children (at [31] – [32]). Notably, in the lower court’s decision of BNT v BNS [2014] 4 SLR 859, the High Court recognised the father’s actions in moving to a condominium adjacent to the mother to facilitate easy access arrangements, sharing his car with the mother, and his detailed evidence of breakfasts, homework, reading, arts and crafts, and bedtime routines with the children (at [25] – [26]). In that regard, documents from independent third par - ties, such as schools, teachers, and professional eval - uators, may also materially strengthen a party’s case. In XII (HC), the court observed that the father’s claim of being an engaged and involved parent was supported by multiple independent sources, including: • the findings in the Custody Evaluation Report;
106 C HILD RELOC AT I ON 20 26
CHAMBERS.COM
Powered by FlippingBook