International Child Abduction Act 2010

• Jurisdiction: Singapore
• Coming into Force: 31 December 2011
• Act Number: (Original Enactment: Act 27 of 2010)
• Enactment Date: 01 March 2011
• Record Number: Cap. 143C
• Published date: 31 December 2011

International Child Abduction Act

(CHAPTER 143C)

(Original Enactment: Act 27 of 2010)

REVISED EDITION 2011

(31st December 2011)

An Act to give effect to the Convention on the Civil Aspects of International Child Abduction and for matters connected therewith.

[1st March 2011]

PART I PRELIMINARY Short title 1. This Act may be cited as the International Child Abduction Act. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “Convention” means the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25th October 1980; “Court” means the High Court or a Family Court; [Act 27 of 2014 wef 01/10/2014] “Minister” means — (a) except as provided in paragraph (b), the Minister charged with the responsibility for child welfare and protection; and (b) for the purposes of Part IV, the Minister charged with the responsibility for legal aid. (2) Unless the contrary intention appears, words and expressions used in this Act have the same meanings as in the provisions of the Convention set out in the Schedule. Certain provisions of Convention to have force of law 3. Notwithstanding any written law or rule of law but subject to the provisions of Parts I to V, the provisions of the Convention as set out in the Schedule shall have the force of law in Singapore. Contracting States 4.—(1) For the purposes of the Convention, the Contracting States (other than Singapore) shall be those for the time being specified by the Minister by an order published in the Gazette. (2) An order under subsection (1) shall specify the date of coming into force of the Convention as between Singapore and any Contracting State specified in the order, and, except where the order otherwise provides, the Convention shall apply as between Singapore and that Contracting State only in relation to — (a) wrongful removals or retentions of children; or (b) breaches of access rights to children, occurring on or after that date. (3) Where the Convention applies, or applies only, to a particular territory specified in a declaration made by a Contracting State under Article 39 or 40 of the Convention, references to that Contracting State in subsections (1) and (2) shall be construed as references to that territory.

PART II CENTRAL AUTHORITY OF SINGAPORE Central Authority 5. Subject to the provisions of this Part, the functions of a Central Authority under the provisions of the Convention set out in the Schedule shall be discharged in Singapore by the Minister. Applications to Central Authority under Article 8 of Convention 6.—(1) A person who claims that, in breach of rights of custody attributed to a person, either jointly or alone, under the law of a Contracting State, a child has been wrongfully removed to or retained in Singapore within the meaning of the Convention may apply to the Central Authority of Singapore for his assistance in facilitating the voluntary return of the child or an amicable resolution of the dispute relating to the removal or retention of the child. (2) A person who claims that, in breach of rights of custody attributed to a person, either jointly or alone, under the law of Singapore, a child has been wrongfully removed to or retained in a Contracting State within the meaning of the Convention may apply to the Central Authority of Singapore to have his claim sent to the Central Authority of the Contracting State. (3) An application under subsection (1) or (2) shall be made in such form and manner, and shall contain such information and be accompanied by such documents, as may be specified by the Central Authority of Singapore. (4) The Central Authority of Singapore may accept an application under subsection (1) or (2) from — (a) the person to whom the rights of custody (claimed to have been breached) are attributed under the law of the Contracting State or Singapore, as the case may be; or (b) any other person appearing to the Central Authority of Singapore to have sufficient interest in the matter. (5) The Central Authority of Singapore may refuse to accept an application under subsection (1) or (2) if it is not submitted in accordance with this section or section 21 or for any of the reasons specified in Article 27 of the Convention. (6) In this section, “person” includes an institution or other body. Applications to Central Authority under Article 21 of Convention 7.—(1) A person who claims that his rights of access under the law of a Contracting State to a child in Singapore have been breached within the meaning of the Convention may apply to the Central Authority of Singapore for his assistance in facilitating an amicable resolution of the dispute relating to the exercise of such rights. (2) A person who claims that his rights of access under the law of Singapore to a child in a Contracting State have been breached within the meaning of the Convention may apply to the Central Authority of Singapore to have his claim sent to the Central Authority of the Contracting State. (3) An application under subsection (1) or (2) shall be made in such form and manner, and shall contain such information and be accompanied by such documents, as may be specified by the Central Authority of Singapore. (4) The Central Authority of Singapore may refuse to accept an application under subsection (1) or (2) if it is not submitted in accordance with this section or section 21 or for any of the reasons specified in Article 27 of the Convention.

PART III APPLICATIONS TO COURT Application for return of child 8.—(1) A person who claims that, in breach of rights of custody attributed to a person, either jointly or alone, under the law of a Contracting State, a child has been wrongfully removed to or retained in Singapore within the meaning of the Convention may apply to the Court for an order that the child be returned. (2) An application under subsection (1) may be made by — (a) the person to whom the rights of custody (claimed to have been breached) are attributed under the law of the Contracting State; or (b) any person appearing to the Court to have sufficient interest in the matter. (3) The applicant shall notify the Central Authority of Singapore of his application by forwarding a copy of his application to the Central Authority of Singapore as soon as practicable. (4) The Court may, if it determines that the child should be returned to the Contracting State, give leave for the child to be taken out of Singapore either unconditionally or subject to such conditions or undertakings as the Court may think fit. (5) In this section, “person” includes an institution or other body. Power to allow intervention on terms 9. On the application of any person who is not a party to an application under section 8, the Court may, if satisfied that it is in the interest of the child (in respect of whom the application under section 8 has been made) for that person to be made a party, allow that person to intervene in the proceedings upon such terms as the Court thinks just. Interim powers of Court 10.—(1) Where an application has been made to the Court under section 8 for the return of a child, the Court may, at any time before it determines the application, make such interim orders or give such interim directions as it thinks fit for the purpose of securing the welfare of the child or of preventing changes in the circumstances relevant to the determination of the application. (2) Without prejudice to the generality of subsection (1), the Court may make interim orders or give interim directions for the care and control of or access to the child. Power of Court to restrain taking of child out of Singapore 11.—(1) Without prejudice to the generality of section 10, where an application under section 8 for the return of a child is pending or has been dismissed by the Court, the Court may issue an injunction restraining any person from taking the child out of Singapore. (2) An application for an order under subsection (1) may be made by any person appearing to the Court to have sufficient interest in the matter. Advice of welfare officers, etc. 12. The Court may receive advice from any person, whether or not a public officer, who is trained or experienced in matters relevant to the Court’s determination of an application under section 8, but shall not be bound to follow any such advice. Stay of decision in respect of custody, care and control and access 13.—(1) When an application has been made to the Court under section 8 for the return of a child, no decision shall be made by any court in respect of the custody of, care and control of or access to the child in any proceedings until the Court has determined the application. (2) The reference to deciding on the merits in respect of the custody of, care and control of or access to a child in subsection (1) shall be a reference to making, varying, revoking or enforcing a custody order, a care and control order or an access order, as the case may be, in respect of the child. (3) Subsection (1) shall not affect or limit the Court’s power to make interim orders or give interim directions under section 10. (4) In this section, “court” includes the Syariah Court and the Appeal Board constituted under the Administration of Muslim Law Act (Cap. 3). Declarations by Court 14.—(1) The Court may, on an application made for the purpose of Article 15 of the Convention by any person appearing to the Court to have sufficient interest in the matter, make a declaration that the removal of a child from Singapore, or the retention of the child outside Singapore, was wrongful within the meaning of the Convention. (2) For the avoidance of doubt, section 35A of the Administration of Muslim Law Act (Cap. 3) and section 17A(3) of the Supreme Court of Judicature Act (Cap. 322) shall not apply to an application under subsection (1).

PART IV LEGAL AID AND ADVICE Interpretation of this Part 15. In this Part, unless the context otherwise requires — “authorised solicitor” means a solicitor on any panel established under section 4 of the Legal Aid and Advice Act (Cap. 160) who ...