https://www.straitstimes.com/singapo...erseas-studies
A Family Court judge has ordered a father to fund 60 per cent of his adult son's degree studies in Canada, ruling that the latter was entitled to seek such maintenance.
Ruling in the first such reported case, District Judge Jinny Tan cited a 2018 Court of Appeal decision which held that the duty to maintain included "children over 21 that are receiving instruction at an educational establishment" and that the court "has a discretion in determining where the duty ends".
The son, who is a polytechnic diploma holder, was 22 years old when he applied for maintenance under the Women's Charter, which allows the court to approve such payouts if the child is over 21 and if it is satisfied that the maintenance is necessary for the child's education.
But District Judge Tan said the son was "unreasonable" in applying for the father to be solely responsible for maintaining him.
"Both parents have a duty to maintain their son," she said in judgment grounds last month, ruling that the mother should bear the remaining 40 per cent of the required sum based on income proportion.
The 54-year-old mother works as a private tutor.
The parents divorced in 2004 when the child was eight years old and it was agreed then that the father should not pay maintenance for him as part of the split.
The father has since remarried and has two other sons. The mother remained single and supported her son.
All the parties were not identified in the judgment.
The son graduated with a polytechnic diploma last year but realised his results were not good enough to get a job, so he sought to further his studies.
But his inquiries with various local universities on an undergraduate journalism programme showed he did not qualify for direct admission, leading him to consider options in the United Kingdom, Australia and Canada.
The father was "very adamant in his belief" that the son was going overseas "for his own agenda" and not for his education, noted the judge.
District Judge Tan found the father, as the sole shareholder of a logistics company and director of various companies, among other things, could afford to contribute towards his son's maintenance.
"He refused because he was, in principle, not agreeable to the idea of the son using his money to go overseas to lead a lifestyle which he disapproves of," said the judge.
During the two-day hearing earlier this year, the judge noted that the father did not dispute the amounts the son sought.
The judge ordered that he should contribute towards the tuition fees, accommodation and other expenses for his son's study for four years in Canada.
District Judge Tan found that the son genuinely wanted to improve his employability in the workforce, but rejected his bid for a lump sum maintenance payment, given the uncertainties as to how well he would adapt to overseas studies.
The father is appealing against the judgment.
A Family Court judge has ordered a father to fund 60 per cent of his adult son's degree studies in Canada, ruling that the latter was entitled to seek such maintenance.
Ruling in the first such reported case, District Judge Jinny Tan cited a 2018 Court of Appeal decision which held that the duty to maintain included "children over 21 that are receiving instruction at an educational establishment" and that the court "has a discretion in determining where the duty ends".
The son, who is a polytechnic diploma holder, was 22 years old when he applied for maintenance under the Women's Charter, which allows the court to approve such payouts if the child is over 21 and if it is satisfied that the maintenance is necessary for the child's education.
But District Judge Tan said the son was "unreasonable" in applying for the father to be solely responsible for maintaining him.
"Both parents have a duty to maintain their son," she said in judgment grounds last month, ruling that the mother should bear the remaining 40 per cent of the required sum based on income proportion.
The 54-year-old mother works as a private tutor.
The parents divorced in 2004 when the child was eight years old and it was agreed then that the father should not pay maintenance for him as part of the split.
The father has since remarried and has two other sons. The mother remained single and supported her son.
All the parties were not identified in the judgment.
The son graduated with a polytechnic diploma last year but realised his results were not good enough to get a job, so he sought to further his studies.
But his inquiries with various local universities on an undergraduate journalism programme showed he did not qualify for direct admission, leading him to consider options in the United Kingdom, Australia and Canada.
The father was "very adamant in his belief" that the son was going overseas "for his own agenda" and not for his education, noted the judge.
District Judge Tan found the father, as the sole shareholder of a logistics company and director of various companies, among other things, could afford to contribute towards his son's maintenance.
"He refused because he was, in principle, not agreeable to the idea of the son using his money to go overseas to lead a lifestyle which he disapproves of," said the judge.
During the two-day hearing earlier this year, the judge noted that the father did not dispute the amounts the son sought.
The judge ordered that he should contribute towards the tuition fees, accommodation and other expenses for his son's study for four years in Canada.
District Judge Tan found that the son genuinely wanted to improve his employability in the workforce, but rejected his bid for a lump sum maintenance payment, given the uncertainties as to how well he would adapt to overseas studies.
The father is appealing against the judgment.