1. This Act is the International Child Abduction Act 2010.
International Child Abduction Act 2010
An Act to give effect to the Convention on the Civil Aspects of International Child Abduction and for matters connected therewith.
Data synced
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text β
PART 1 β PRELIMINARY
2.β(1) In this Act, unless the context otherwise requires ββConventionβ means the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980;
βCourtβ means the General Division of the High Court or a Family Court;
βMinisterβ means β(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 4, the Minister charged with the responsibility for legal aid.[27/2014; 40/2019]
(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.
3. Despite any written law or rule of law but subject to the provisions of Parts 1 to 5, the provisions of the Convention as set out in the Schedule have the force of law in Singapore.
4.β(1) For the purposes of the Convention, the Contracting States (other than Singapore) are those for the time being specified by the Minister by an order in the Gazette.
(2) An order under subsection (1) must 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 applies as between Singapore and that Contracting State only in relation to β(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) are to be construed as references to that territory.
PART 2 β CENTRAL AUTHORITY OF SINGAPORE
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 are to be discharged in Singapore by the Minister.
6.β(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 the Central Authorityβs 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 the personβs claim sent to the Central Authority of the Contracting State.
(3) An application under subsection (1) or (2) must be made in the form and manner, and must contain the information and be accompanied by the documents, that the Central Authority of Singapore specifies.
(4) The Central Authority of Singapore may accept an application under subsection (1) or (2) from β(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, βpersonβ includes an institution or other body.
7.β(1) A person who claims that his or her 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 the Central Authorityβs assistance in facilitating an amicable resolution of the dispute relating to the exercise of those rights.
(2) A person who claims that his or her 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 the personβs claim sent to the Central Authority of the Contracting State.
(3) An application under subsection (1) or (2) must be made in the form and manner, and must contain the information and be accompanied by the documents, that the Central Authority of Singapore specifies.
(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 3 β APPLICATIONS TO COURT
8.β(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 β(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 must notify the Central Authority of Singapore of the application by forwarding a copy of the 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 permission for the child to be taken out of Singapore either unconditionally or subject to the conditions or undertakings that the Court may think fit.[Act 25 of 2021 wef 01/04/2022]
(5) In this section, βpersonβ includes an institution or other body.
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 the terms that the Court thinks just.
10.β(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 limiting subsection (1), the Court may make interim orders or give interim directions for the care and control of or access to the child.
11.β(1) Without limiting 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.
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 Courtβs determination of an application under section 8, but is not bound to follow any such advice.
13.β(1) When an application has been made to the Court under section 8 for the return of a child, no decision may 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) is 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) does not affect or limit the Courtβs power to make interim orders or give interim directions under section 10.
(4) In this section, βcourtβ includes the Syariah Court and the Appeal Board constituted under the Administration of Muslim Law Act 1966.
14.β(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) To avoid doubt, section 35A of the Administration of Muslim Law Act 1966 and section 17A(3) of the Supreme Court of Judicature Act 1969 do not apply to an application under subsection (1).
PART 4 β LEGAL AID AND ADVICE
15. In this Part, unless the context otherwise requires ββauthorised solicitorβ means a solicitor on any panel established under section 4 of the Legal Aid and Advice Act 1995 who has been assigned by the Director to provide legal representation or legal advice to a person under this Part;
βDirectorβ means the Director of Legal Aid appointed under section 3 of the Legal Aid and Advice Act 1995 and includes a Deputy Director and an Assistant Director of Legal Aid appointed under section 3 of that Act.
16. The provision of legal aid and advice under this Part is to be administered by the Director.
17. Subject to the provisions of this Part, the Director may grant legal aid in connection with any proceedings under section 8 or 14 to any person β(a)
who is a citizen of, or habitually resident in, Singapore or a Contracting State; and
(b)
who is or will be β(i)
a party to the proceedings under section 8; or
(ii)
the applicant in the proceedings under section 14.
18. Subject to the provisions of this Part, on the application of any person who is a citizen of, or habitually resident in, Singapore or a Contracting State β(a)
the Director or an authorised solicitor may provide oral advice to the person on the law of Singapore in connection with the Convention; or
(b)
the Director may provide the person assistance with the preparation of an application by the person for legal aid under this Part.
s 19Application of Legal Aid and Advice Act 1995 and Legal Aid and Advice Regulations to legal aid and advice under this PartOpen β
19. Except where expressly provided in this Part, the provisions of the Legal Aid and Advice Act 1995 and the Legal Aid and Advice Regulations apply (so far as relevant) in relation to the provision of legal aid and legal advice under this Part as they apply to the provision of legal aid and legal advice under the Legal Aid and Advice Act 1995, with such exceptions, modifications and adaptations as the Minister may prescribe.
20. The Minister may make regulations for the purposes of carrying out the provisions of this Part or for the prescribing of anything which may be prescribed or is required to be prescribed under this Part.
PART 5 β MISCELLANEOUS
21. For the purposes of Article 24 of the Convention, any application, communication or other document sent to the Central Authority of Singapore must, if it is in a language other than English, be accompanied by an English translation of the application, communication or other document.
22.β(1) For the purposes of Article 14 of the Convention, a decision of a judicial or administrative authority outside Singapore may be proved by a duly authenticated copy of the decision, and any document purporting to be such a copy is deemed to be a true copy unless the contrary is shown.
(2) For the purposes of subsection (1), a copy is duly authenticated if it bears the seal, or is certified by a judge or officer, of the authority.
(3) For the purposes of Articles 14 and 30 of the Convention, any document specified in Article 8 of the Convention or a certified copy of the document is sufficient evidence of anything stated in it.
23. No costs mentioned in Article 26 of the Convention are to be borne by the Government, the Central Authority of Singapore or any other public authority in Singapore except insofar as they fall to be so borne by virtue of the grant of legal aid or advice under Part 4.
24. The Minister may make regulations for the purposes of carrying out the provisions of this Act (other than those in Parts 3 and 4).
Cite this legislation
- Official citation
- ICAA2010
- Source
- sso.agc.gov.sg
- Data synced
International Child Abduction Act 2010 (sso.agc.gov.sg). Retrieved via LawPlayer, https://lawplayer.com/sg/act/ICAA2010
This text is synced from sso.agc.gov.sg. In case of any discrepancy, the official version prevails.
Cited in 8 judgments
Source: Singapore Statutes Online (Attorney-General's Chambers), Β© Government of Singapore.
The Singapore legislation on this platform is subject to copyright of the Singapore Government and is used/reproduced for the purposes of this platform with the permission of the Attorney-General's Chambers. Users of this platform may check Singapore Statutes Online for the latest version of the Singapore legislation.