International Child Abduction

Overview

Section 8 of the International Child Abduction Act 2010 (ICAA) allows a person who claims that, in breach of rights of custody attributed to a person under the law of a Contracting State, a child has been wrongfully removed to or retained in Singapore within the meaning of the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980 (the Convention) to apply to the Family Justice Courts (FJC) for an order that the child be returned.

Section 14 of the ICAA provides that the FJC may, on an application made for the purposes of Article 15 of the Convention by any person appearing to the FJC 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. Under Article 15 of the Convention, the judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request the applicant to obtain from the authorities of the State of habitual residence of the child a decision or other determination that the removal or retention was wrongful.

The information provided below is general in nature and is not intended as legal advice. The FJC cannot provide legal advice or assist with drafting the contents of any document.

Case flow for applications under the ICAA

How your case may progress through the FJC?

Application under the ICCA by filing an Originating Summons and supporting affidavit

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First day at Court: The Registry will fix a Case Conference before an Assistant Registrar to give directions for the matter to proceed, such as the filing of further affidavits.

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When the application is ready for hearing, the Court will fix a hearing date for the application to be heard before a District Judge.

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Hearing Before the District Judge

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If there is no settlement: If there is a settlement:
Hearing of Originating Summons before a District Judge in Chambers Consent Originating Summons hearing before a District Judge in Chambers