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updated 23 May 2013, 05:03
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Wed, Jul 11, 2012
The New Paper
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Mum, aunt fight over kids
by Shaffiq Alkhatib

She only wants to be reunited with her two children.

But last year, her children's paternal aunt, Madam Nora (not her real name) filed a summons against her, and applied to become the children's legal guardian.

The real names of the family members involved in the case are not being revealed to protect the children's identities.

In her affidavit filed last October, Madam Nora, said that her 11-year-old nephew and 14-year-old niece were both born in Singapore and are Singapore citizens.

Madam Nora, 47, said that her brother married the children's mother, Madam Ann , an Indian national, in 1995.

She said the couple lived in Singapore after the marriage but both of them left for Melbourne, Australia, in November 2003 with their children so that her brother could further his studies.

Madam Nora, an Australian citizen who is represented by lawyer Bee Bee S. Marican, said: "(Madam Ann) left Australia for Singapore sometime in December 2003, leaving the two children in the care of my brother and I."

She added that her nephew and niece remained in Melbourne and continued with their education between 2003 and 2010.

"During (this) period, (Madam Ann) remained in Singapore and...cut off all forms of communication with the children.

"(Madam Ann) had not made any attempt to communicate with the children during the period of time. She has deserted them not only physically, emotionally butmore importantly, financially."

Father died

Madam Nora said that the children's father fell ill and died in Australia on Nov 13, 2009.

After his death, Madam Nora said that she had "no other alternative" but to send the children back to Singapore about a month later due to "emigration requirement".

While in Singapore, Madam Nora said that the children stayed with her sister and were enrolled in local schools.

But she claimed that both of them kept on calling her to take them back to Melbourne and she did so in December 2010.

"I sought (Madam Ann's) consent before making all the preparations to bring the children to Melbourne. (Madam Ann) attested a statutory declaration...appointing me as the children's legal guardian."

Madam Nora said that she works with Centre Link Australia, earning about S$91,000 annually. Madam Ann, 37, who is represented by lawyer Gloria James-Civetta, has since revoked the consent she had earlier given to her sister-in-law. She did so on Oct 13, last year.

She said: "On or about Jan 11, 2010,...my husband's sister, (Madam Nora) induced me to sign a consent giving her legal guardianship ofmytwo children.

"At the time of signing, I understood that this guardianship would be temporary and that such a consent was necessary if the children were to be taken out of Singapore and back to Australia."

Madam Ann is now disputing her sister-in-law's latest application tobecome her children's legal guardian and is asking for it to be dismissed.

She also refuted allegations that she had not made any effort to see her children in Australia and that she had abandoned them.

She said: "There were times I could not enter Australia and Singapore easily as I hold an Indian passport. That itself gives me a hurdle to cross in any country.

"In recent years, I have made several telephone calls to my children. My phone calls with the children were always met with the words 'they are not in'."

In her affidavit filed on March 23, Madam Ann said that her sister-in-law is married and has three children of her own.

Madam Ann also claimed that her mother-in-law favoured her 14-year-old daughter over the other children and this made(Madam Nora) "bitter".

She said that she made two trips to Melbourne in 2006 and 2007 to see her children but on both occasions, she claimed she was "refrained" from being close to them.

She added: "From what I knew, (Madam Nora) never liked my children because of my mother-in-law's indifferent treatment towards (her) children."

Madam Ann said that she has the financial means to support and take care of her children here, adding that she hails from a "very well-known, reputable family". She said that her late father had several properties in Malaysia and India.

"My children are caught in a tussle because of adults' selfishness, ego and pride," said Madam Ann.

The case is pending.

This article was first published in The New Paper.

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