This article explains the legal avenues available to parents whose children have been wrongfully abducted from Singapore and retained overseas, and how to file an application under the Hague Convention on the Civil Aspects of International Child Abduction (HCCAICA). For guidance on cases involving children abducted to and retained in Singapore, please refer to our separate article: “Parental Child Abduction: Seeking a Court Mandated Return of Child from Singapore under the International Child Abduction Act (ICAA)“.
What is Parental Child Abduction?
In cases where one parent takes the children out of Singapore for more than 1 month without the other parent’s consent or without the permission of the Singapore Family Justice Court, that would be considered child abduction under our current laws if there is already a court order in place.
Where a court order for custody, or for care and control, is in force, a parent must not take the child who is the subject of the order out of Singapore, except with the written consent of both parents or the leave of the court. This does not prevent the child from being taken out of Singapore for a period of less than 1 month by the person given custody, or care and control of the child or by any other person who has the written consent of the former. Any person who is in breach of this law is deemed to have committed an offence – the punishment a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months, or to both.
How can a parent be stopped from taking a child out of Singapore?
If an application to Court for the return of the child is pending or has yet to be done, any interested person may apply to the Court to issue an injunction to stop any person from taking the child out of Singapore. Whether a party has a right to do so must be decided by the Singapore Family Justice Court.
Singapore’s Laws on Parental Child Abduction
Child Abduction vs Kidnapping
Kidnapping is a serious crime and there is a law specially enacted for this offence. The punishment is very serious – the death penalty, or life imprisonment and caning. Kidnapping is a case where a person has been taken against their will usually through forcible means, by threats against him or her or in some way of deceit. There is often an intent by the kidnapper that harm or injury may occur. In kidnapping, there is usually a demand ransom to be paid before the victim is released.
Parental child abduction is not considered a crime but rather treated as a civil matter since it concerns family matters. The purpose of laws for child abduction is to decide what is in the best interest of the child, rather than to punish. Parental child abduction usually involves one parent taking the children of the marriage to another country because that parent wants to remove the children from an abusive environment, or that parent wishes to seek social and emotional support from family and friends in their country of origin.
How the Hague Convention can help return abducted children
On 1 March 2011, Singapore has become part of the Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention). Under the Hague Convention, there are 103 countries (as of 2024) that have a contracting relationship with Singapore such as the USA, Australia, Japan, Germany, France, Romania and Hong Kong, to name a few. The Hague Convention is an international treaty to protect children who are removed or retained by a parent resulting in the other parents of rights of custody being breached, by providing a procedure for the prompt return of the child to the country of habitual residence. This is so that the courts in that country can resolve the issues of parental responsibility.
The full list of Hague Convention contracting states can be found here.
It is fortunate that Singapore is part of the Hague Convention as it provides benefits that is not available to non-convention countries. The key benefit to Singapore residents is assurance of the ‘summary return’ of the child who has been removed, and taken to a Hague Convention country.
Why Habitual Residence is Important
The Convention assumes that the courts in the child’s country of habitual residence are best able to make decisions on the child’s best interests. The Hague Convention also allows parents to apply for access to their child who lives overseas with the other parent. Under the Hague Convention, a Central Authority is set up in each country to deal with requests for the return of children taken to or from each country. In Singapore, this would be the Singapore Central Authority (SCA) under the Ministry of Social and Family Development (MSF).
What can I do if my spouse has taken my child out of Singapore?
To ensure a child can be returned to Singapore from another country or territory that is a party to the Hague Convention, the following requirements must be met:-
- Your child must be under 16 years old;
- You must have “rights of custody” in relation to the child;
- You must have been exercising rights of custody at the time your child was taken from Singapore;
- Your child must have been habitually residing in Singapore immediately before he or she was taken overseas;
- Your child must have been taken to or retained in a country which is a party to the Hague Convention;
- Your child must have been wrongfully removed from Singapore without your prior consent or a court order.
If the above requirements are met, you may proceed to file an application under the Hague Convention on International Child Abduction (HCCAICA).
How to File an International Child Abduction Application
STEP ONE – FACILITATING A VOLUNTARY RETURN OF THE CHILD
Under the Hague Convention, the first step would be to is apply to the Central Authority of Singapore (CAS) for assistance. The role of the CAS is to help you with the voluntary return of your child back to Singapore and to liaise with other Central Authorities. However, if there are legal proceedings underway or if Singapore does not have a contracting relationship with that country under the Hague Convention of the Civil Aspects of International Child Abduction, the Central Authority of Singapore will not be able to assist.
STEP TWO – COURT MANDATED RETURN OF THE CHILD
If the first step does not help, you can make an application under the Hague Convention in the country where the children have been taken to. For example, if your spouse has taken the children to Australia, and the request through the Singapore Central Authority to the Australian Central Authority has failed because your spouse refuses to co-operate, you will need to appoint an Australian solicitor to make an application under the Hague Convention for the return of the children to Singapore.
This was indeed the case where we helped the father whose wife had taken the two children to Australia without his knowledge or consent. In that case, the Family Court of Western Australia ordered the return of the 2 children with the father to Singapore on 10 May 2024. You can find the case summary here.
Role of Singapore Central Authority (SCA) in International Child Abduction
Singapore Central Authority’s key role is to:
- Assist parents with their applications to the Foreign Central Authority;
- Liaise with the Foreign Central Authority on the application for the return of the child.
SCA may also provide referrals on services for counselling and emotional support.
What are the legal costs for seeking assistance from the Singapore Central Authority for the return of my child?
All legal fees are paid personally unless legal aid is granted. You may also have to pay for other costs associated with the application of return of the child such as the cost of travel and accommodation. However, the SCA does not charge for any administrative costs in liaising with other authorities/agencies or in assisting with the completion of a request form.
Does the Hague Convention help if my child has been abducted to a non-convention country?
The Hague Convention does not apply under such circumstances. Unless an amicable agreement can be reached for the child to be voluntarily returned or for access to the child, the applicant should seek legal advice from their lawyer in Singapore or in the non-signatory country where the child is located as soon as possible.
For information and/or assistance on Parental Child Abduction matters, you may contact:
CONTACT INFORMATION
Lim Fung Peen
Director and Head of Private Wealth & Family Practice Group
T: +65 6536 6037
E: fungpeen@yuenlaw.com.sg
View Fung Peen’s bio here.
