This article explores the legal avenues available to parents whose children have been wrongfully abducted to and retained in Singapore. For guidance on cases involving children abducted from Singapore and taken overseas, please refer to our separate article: “How to File an Application under the Hague Convention on International Child Abduction (HCCAICA)”.
On 16 September 2010, Singapore enacted a law called the International Child Abduction Act (ICAA) providing parents a legal process for the return of their child if abducted by a spouse to Singapore.
Under the ICAA, parents can make an application to the Family Justice Court to have their child returned to their place of habitual residence. The Ministry of Social and Family Development (MSF) serves as the Central Authority responsible for executing relevant functions under the ICAA.
What can I do if my spouse has taken My Child to Singapore?
If your child has been abducted and brought wrongfully to Singapore without your permission, the first step is to apply under the Hague Convention through your country’s Central Authority. They will liaise with the Singapore Central Authority to facilitate the voluntary return of the child.
The Hague Convention applies when a child has been wrongfully removed from one contracting state and brought to another, or wrongfully retained in a contracting state.
If the voluntary return fails or if the Central Authority cannot take your case, you can apply for a Court Order for return of child in the Singapore Family Justice Court under the ICAA.
How is Habitual Residence of My Child Decided?
The criterion to determine habitual residency is to look at the date on which the removal of your child is said to have taken place. This is because the place of habitual residence can change over time and particularly, where divorce proceedings in court take place, a different result may ensue depending on which date is taken to be the date of wrongful retention. The criteria for the Court are as follows:-
- The degree to which the child is settled or integrated in a country;
- The intention of the parents as to whether the child is to reside in that country.
Making an application to Court under the International Child Abduction Act 2010 (ICAA)
Step One – Obtaining a ICAA Court Order
You can apply to the Singapore Family Courts for an order to have the child returned under Section 8 of the ICAA. Section 8 states that a person can apply to the Court for the return of a child wrongfully removed to or retained in Singapore, violating custody rights under the law of a Contracting State. The application can be made by the person with custody rights or anyone the Court considers having sufficient interest. The applicant must notify the Central Authority of Singapore by sending a copy of the application. If the Court orders the return of the child, it may allow the child to leave Singapore with or without conditions.
Additionally, under Article 15 of the Convention, if you have sufficient interest in the matter, you can apply to the Singapore Family Courts for a declaration that the removal or retention of the child was wrongful under Section 14 of the ICAA.
You can apply under the ICAA if:-
- Your child is under 16 years old;
- Your child was habitually resident in a Contracting State immediately before any breach of custody or access rights.
Step Two – Updating Singapore Central Authority
Once you have obtained the Court Order, you are required to forward a copy of it to the Singapore Central Authority within seven (7) days of the order being made.
Step Three – Apply for the Custody, Care and Control of the Child
You are required to file a Court application for custody, care, and control of the child in the country where the child is habitually resident. The Hague Convention application focuses solely on the child’s return and does not address custody and care matters.
Role of Singapore Central Authority after Court Order for Return of Child is Made
When a Return Court Order has been granted by the Family Justice Court, the Singapore Central Authority will assist to facilitate the safe return of the child back to the country of habitual residence by liaising with the relevant Foreign State’s Central Authority.
Should the taking parent disobey the Court Order by not returning the child to the state of habitual residence, the taking parent is deemed to be in contempt of the Court. The applicant for the return of the child may institute committal proceedings for contempt of court against the taking parent for disobeying the order of court. A person found to be in contempt of court can be liable to be fined or jailed, or both.
If both parents or the taking parent is unable to accompany the child back to the country of habitual residence, the Singapore Central Authority can facilitate the return by liaising with both parents to arrange for their relatives to accompany the child to the airport or for the airport gateway service to escort the child for departure at no cost to both parents if the child is 10 years old and above. The Singapore Central Authority may also make arrangements with the relevant airline for its assistance to keep a lookout for the child while he or she is onboard.
If the child is below 10 years old, the child is deemed too young to travel without being accompanied by an adult. The child will remain in the care of the taking parent until the taking parent is able to accompany the child back, or the left-behind parent is able to fetch and accompany the child back to his country of habitual residence.
What Can be Done if the Child is Abused by the Taking Parent?
Should the taking parent be the alleged abuser, the Court can order the Child Protection Service of the MSF to make an assessment on the welfare of the child, and the Child Protection Service has the power to investigate under the Children and Young Persons Act (CYPA).
Role of Singapore Central Authority (SCA) in International Child Abduction
If your child has been retained in Singapore, Singapore Central Authority can assist to:
- Facilitate the location and voluntary return of the child;
- Facilitate the care and protection of the child where necessary;
- Provide information on how to apply to the family court for the return of your child and for legal aid.
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.
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.
