Relocation, Travel, and International Child Custody: A Comprehensive Guide

Relocation and international travel involving children are often complex issues in Singapore divorce cases. This guide explores the considerations and legal framework surrounding relocation, overseas travel, and international child custody disputes, providing clarity for parents navigating these challenges.

Relocating with a Child: Key Considerations for Parents in Singapore

Relocation refers to moving with a child to another town, country, or region. Such a move can significantly impact the child’s time with the parent that is left behind. This may mean that the child and the parent may not be able to see each other in person regularly and would also have to communicate remotely more often.

Reaching a Mutual Agreement for Relocation

When relocation is proposed, parents are encouraged to communicate and attempt to reach a mutual agreement. Relocation often requires adjustments to existing parenting arrangements, such as:

• Creating plans for the child to spend extended periods with the non-relocating parent during school holidays.
• Allowing the non-relocating parent to visit the child in the new location.
• Revising arrangements for holidays, special occasions, and regular communication.
• Planning pockets of time for the Child to be able to speak to the non-relocating parent.

If both parents agree, formalising the arrangement through an order of court is essential. Mediation and family dispute resolution services are available for parents needing assistance reaching an agreement.

Legal Implications of Relocation Without Agreement

Relocating a child without the other parent’s consent or a court order is referred to as a unilateral relocation. In Singapore, such actions can lead to serious legal consequences, including:

• Court orders requiring the child’s return to Singapore until a final decision is made.
• Penalties for breaching existing court orders in place if the child is relocated in breach of the same.

As such, parents considering relocation of the child must prioritise legal processes and seek professional guidance to avoid complications, which may cause an adverse impact on the child’s welfare.

Read more: Application for Relocating with your Child

Overseas Travel with Children: Understanding Singapore’s Legal Framework

Overseas travel with children out of Singapore involves detailed planning and adherence to legal requirements to ensure that there is compliance with the non-travelling parent’s rights.

Seeking Consent for Overseas Travel

Parents planning to travel overseas with their children must:

• Inform the other parent of travel details, including destination, itinerary, and duration.
• Obtain the other parent’s written consent if there is a court order in place in respect of the dissolution of marriage or the children matters.

Without a mutual agreement between parties or court approval, taking a child overseas may result in legal consequences, including penalties under the Women’s Charter.

Read more: Child Abduction: What If My Spouse Takes My Child To Another Country?

Preventing Unauthorised Travel

If there is concern about a child being potentially removed from Singapore without permission, a parent can apply to the court for measures such as:

• Preventing the issuance of a child’s passport or for the passport to be released to the non-travelling party for safekeeping.
• Adding the child’s name to the Immigration and Checkpoints Authority (ICA) travel alert system.

Read more: Child Abduction – Preventative Steps To Be Taken

Child Passport Applications in Singapore

Obtaining a passport for a child generally requires the consent of all parties with parental responsibility. If one parent withholds consent, the other can seek a court order to proceed with the application.

Preventing Misuse of Passports

If there are concerns about a passport being misused for unauthorised travel, a parent may request for court orders pertaining to having the child’s passport held by a neutral party for for safekeeping.

International Child Abduction and the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction aims to protect children from wrongful removal across international borders. Singapore is a signatory to the convention, which provides a framework for addressing cases of parental child abduction.

Steps to Take if a Child Is Wrongfully Removed

If a child is taken from Singapore without permission, parents can:

• Seek assistance from the Singapore Central Authority for the Hague Convention.
• File an application for the child’s return to Singapore through the appropriate legal channels.

Read more: Hague Convention FAQ`s

Understanding Legal Risks for Parents in Singapore

Parents bringing children into Singapore without the other parent’s consent may face court proceedings under the Hague Convention or Singaporean law (where applicable), potentially leading to orders requiring the child’s return to their home country.

Seeking Legal Guidance

Parents are encouraged to formalise relocation or travel arrangements through parenting plans, consent orders, or court-approved agreements. At Gloria James-Civetta & Co, we are committed to providing clear guidance on your rights and responsibilities, helping you navigate complex legal processes with confidence.

Common Family Law Issues Faced by Singaporean Spouses Married to Foreign Nationals. By Gloria James

Navigating family law matters often becomes more complex when one spouse is a foreign national. In Singapore, these cases often involve intricate legal considerations, from pre-nuptial agreements to child custody and asset division.

Below, I explore some common issues that often arise between Singaporean spouses and their foreign national partners.

Pre-Nuptial Agreements

For high-net-worth individuals living in Singapore, pre-nuptial agreements are often a consideration. These agreements help outline the financial terms in the event of a divorce.

Recently, our team handled a case involving a soon-to-be bride from China who sought to be adequately compensated if her marriage ended. It took six months of intense negotiations, with both parties represented by lawyers, before the agreement was signed.

This highlights the importance of careful legal guidance when drafting and negotiating PNAs.

Divorce Jurisdictions: Singapore or abroad?

When it comes to divorce, deciding where to file can be a significant issue. Singapore is often the preferred jurisdiction due to the majority of assets and connecting factors being based here. In addition, Singapore offers a well-established legal system that ensures transparency and fairness, and the courts here are equipped to handle international family law issues. The legal process is generally efficient, with clear timelines, which can provide a quicker resolution compared to other jurisdictions.

Some foreign clients may choose to file in their home country if they find the process simpler or do not meet jurisdiction to file for divorce in Singapore. Singapore courts have a robust framework for dealing with complex financial matters, child custody arrangements, and cross-border disputes, making it a more comprehensive option for those with significant connections to the country.

In cases where a divorce is filed abroad, court orders must often be mirrored in Singapore. This is especially important when immovable property is located in Singapore, as foreign courts typically defer property issues to Singaporean courts for resolution.

Child Custody and Relocation

Child custody disputes between Singaporean and foreign national spouses often involve the complexities of relocation and the Hague Convention.

Some countries are not signatories to the Hague Convention on International Child Abduction, which can complicate international custody disputes.

These countries include:
Afghanistan, Algeria, Bangladesh, Belarus, Cambodia, China (excluding Hong Kong and Macau), Egypt, Ethiopia, India, Indonesia, Iraq, Jordan, Lebanon, Libya, Malaysia, Morocco, Nepal, Pakistan, Russia, Saudi Arabia, Somalia, Sri Lanka, Syria, and Ukraine.

It’s important to be aware of these non-signatories, as custody matters involving these nations may not be handled in accordance with the Hague Convention’s principles.

This creates a challenging situation if a foreign spouse decides to leave Singapore and return to their home country with the child.

To prevent this, there are a few critical steps:

• Retaining possession of the child’s passport.
• Filing a legal application to prevent the PRC spouse from leaving the country with the child. If a stop order is granted, Singapore’s Immigration and Checkpoints Authority (ICA) will prevent the child from leaving the jurisdiction.

Read more: Relocation and Child Custody Disputes

Division of Assets and Enforcement of Orders

There is often a misconception among foreign national spouses, that they are automatically entitled to 50% of all assets upon divorce. However, Singapore courts consider many factors before deciding on asset division.

If a foreign court issues an order, it can be mirrored in Singapore through a post-divorce application. The reverse situation, where Singapore courts rule on assets located overseas, can present challenges. In such cases, it may be better to offset the division by granting the spouse assets located in Singapore rather than pursuing property claims in China.

Read more: Division Of Matrimonial Assets In Singapore For Foreign Divorces

Child Maintenance Obligations

In Singapore, both parents are legally obligated to contribute to their child’s maintenance until the child turns 21 or completes their university education. The contribution is typically based on the income ratio between the parents, ensuring the child’s needs are met regardless of the parents’ marital status.

Spousal Maintenance

Spousal maintenance depends on the nature of the marriage. If it was a short-term marriage or if the spouse seeking maintenance is a homemaker, the court will consider these factors. In longer marriages, the working spouse may be required to provide maintenance, but the specifics vary on a case-by-case basis.

Read more: Determining Spousal Maintenance

Visa Matters for Foreign National Spouses

When married to a Singaporean, foreign spouses are generally granted a Long-Term Visit Pass (LTVP). However, obtaining permanent residency (SPR) can take around 1.5 years. It’s essential to be aware of these timelines when planning for long-term stay arrangements in Singapore.

Read more: Divorce and Permanent Residency in Singapore: A Foreigner’s Guide

In summary, family law matters involving Singaporean spouses and foreign nationals require careful legal consideration and expertise. Whether it’s drafting a pre-nuptial agreement, dealing with child custody issues, or navigating asset division, GJC Law can assist.

Divorce and Permanent Residency in Singapore: A Foreigner’s Guide

In recent years, Singapore has seen a rise in expatriate families choosing Singapore as their home and mixed marriages between locals and foreigners.

Many times, the trailing spouse of an expatriate relocating to Singapore to work or the foreign spouse of the Singaporean would hold Permanent Residency (PR) status or would be residing in Singapore on an Employment Pass (EP), Dependent Pass (DP) or Long-Term Visit Pass (LTVP).

For these couples, when faced with divorce, the looming question for the foreign spouse often becomes: “Can I stay in Singapore?”

What Happens to My PR Status after a Divorce?

Generally, a divorce does not automatically revoke your PR status, especially when your PR status was obtained independently from your spouse. However, for those who have obtained their PR through marriage, a divorce may result in your PR status being reassessed, especially if there are no other strong economic or social ties to Singapore.

Do note that these are general guidelines, and the final decision on one’s PR status rests with the Immigration and Checkpoint Authority. Therefore, it’s advisable to seek legal advice and/or guidance to better understand the implications on your residency status in Singapore following post-divorce.

I am not a Permanent Resident in Singapore. Will I be able to stay in Singapore after my divorce?

The answer depends on your current residency status in Singapore:

• Employment Pass: For foreigners working in Singapore on an EP, a divorce would generally not affect your residency status in Singapore as your residency in Singapore is tied to your employment.
• Dependent Pass: If you are on a DP tied to your spouse, divorce often means that your DP will be cancelled and you will not be able to remain in Singapore unless you can obtain an EP.
• Long-Term Visit Pass: Similarly, if you are living in Singapore on a LTVP, a divorce would often mean that your residency status in Singapore would be affected, unless you are able to obtain an EP.

What happens to my child if I have to leave Singapore after my divorce?

If your child is on a DP tied to your spouse, their residency status will not be affected following a divorce if your spouse continues to have custody of the children. Similarly, if your child is a Singaporean, the divorce will not affect their ability to remain in Singapore.

While remaining in Singapore might be the default for some parents, especially where the children are already settled in local schools, some parents may desire to relocate with their children after divorce. This, however hinges on several considerations.

The crucial first step is seeking your ex-spouse’s consent for the children to relocate with you. A written agreement outlining the terms of the move, including visitation arrangements, is highly recommended. This demonstrates mutual understanding and cooperation, prioritizing the children’s well-being. If your ex-spouse objects to the relocation or an agreement cannot be reached, you may need to apply to the Court for an order granting you permission to relocate. The Court’s decision will then depend on whether the relocation is in the best interests and welfare of the children.

Do note that leaving Singapore with the children without your spouse’s consent or a court order constitutes parental child abduction. Your ex-spouse may be able to apply for the children’s return through the Hague Convention on the Civil Aspects of International Child Abduction.

Every marital situation is unique. At GJC Law, our committed family lawyers will take the time to understand your individual circumstances and offer tailored advice and strategies to guide you through this challenging period.

International Divorce in Singapore: Jurisdictional Challenges and Other Considerations

International divorce cases in Singapore present unique jurisdictional challenges and complexities that require careful consideration and understanding.

Navigating these challenges is crucial if you are seeking to dissolve your marriage when multiple jurisdictions are involved.

In this blog post, we will explore the jurisdictional challenges that are faced in international divorces in Singapore and the solutions available to overcome them.

Determining the Appropriate Jurisdiction

In international divorce cases, determining the appropriate jurisdiction to file for divorce can be complex. Couples must assess their connections to different countries, residency requirements, and the jurisdictional laws that may be most favourable to their case.

A couple may be eligible to divorce in either country if one spouse lives overseas and the other in Singapore, or if one spouse is an overseas citizen or national.

Read more: International Divorce: The Advantages of Filing Divorce in Singapore

Forum Shopping and Jurisdictional Disputes

Forum shopping, where one party attempts to choose a jurisdiction most advantageous to their case, can lead to jurisdictional disputes in international divorces.

There are two ways in which foreigners can prove sufficient ties to Singapore.

Firstly, through proving that you are domiciled is in Singapore at the time of the commencement of the divorce proceedings, whether by origin, dependence, or choice

Secondly, through proving that you are a habitual resident in Singapore for a period of 3 years immediately preceding the commencement of the proceedings.

Resolving jurisdictional disputes requires skilled legal representation to present a compelling case and demonstrate why Singapore is the appropriate jurisdiction for the divorce.

Read more: The Divorce Process in Singapore: A Comprehensive Guide for Expats

Financial considerations

Financial considerations are crucial when deciding in which country to pursue a divorce, including factors such as;

Read more: Financial Matters in a Divorce

Deciding between Singapore and another country for divorce is a critical decision, particularly when it comes to child-related matters.

Assessing child custody laws, visitation rights, child support guidelines, and the legal framework for protecting the best interests of the child in each jurisdiction is essential.

Questions that our divorce lawyers are often get asked:

• Will child custody orders made in Singapore be enforceable across borders?
• What factors do Singapore courts consider when determining the best interests of the child?
• Is there a way to stop my spouse from taking the children out of Singapore without my consent?
• What are the legal requirements and procedures for relocating with a child to another country after divorce?
• How can international parental abduction be prevented or addressed in an international divorce?

International Enforcement of Court Orders

Once a divorce is finalized in Singapore, enforcing court orders in another jurisdiction can be a challenge. However, Singapore is a signatory to several international conventions, such as the Hague Convention on the Recognition and Enforcement of Foreign Judgments.

These conventions facilitate the recognition and enforcement of Singapore court orders in many countries, providing couples with assurance that the orders will be honoured in other jurisdictions.

Read more: What if a Court in another Country has made a Maintenance Order?

Mediation and Alternative Dispute Resolution

In international divorce cases, Mediation, and alternative dispute resolution methods such as Collaborative Divorce can be effective in resolving jurisdictional challenges.

Read more: Benefits of Resolving Marital Conflict via Divorce Mediation

Conclusion:
Our firm has a strong reputation for handling international and divorces and have established strong relationships with overseas lawyers in jurisdictions worldwide.

With our experience, dedication, and personalized approach, we strive to achieve the best possible outcomes for our clients while protecting their rights and interests every step of the way.

International Divorce: The Advantages of Filing Divorce in Singapore

When faced with the complexities of international divorce, choosing the proper jurisdiction is crucial. Singapore, known for its robust legal system and international recognition, offers several advantages for couples seeking to dissolve their marriage internationally.

This blog post will explore the advantages of filing for an international divorce in Singapore.

Well-established Legal System

Singapore boasts a well-established legal framework, providing a solid foundation for navigating complex international divorce cases. The country’s legal system is renowned for its efficiency, transparency, and adherence to the rule of law.

Singapore courts have a wealth of experience in handling international divorce matters, ensuring a fair and just resolution for all parties involved.

Efficient Court Procedures

One of the significant advantages of choosing Singapore for an international divorce is the efficiency of its court procedures.

The Singapore judicial system operates with expediency, aiming to resolve cases promptly while maintaining the highest standards of fairness.

This efficiency translates into shorter waiting times, allowing couples to reach a resolution and move forward with their lives more swiftly.

Recognition and Enforceability of Singapore Court Orders

Singapore is a signatory to several international agreements, including the Hague Convention on the Recognition and Enforcement of Foreign Judgments.

This means that Singapore court orders are generally recognized and enforceable in many countries.

The international recognition of Singapore court orders provides couples with greater assurance that their divorce settlements, child custody arrangements, and financial agreements will be honoured in other jurisdictions.

How GJC Law can help you

At our law firm, we understand the complexities and challenges involved in international divorces. We are committed to providing comprehensive assistance to our clients throughout the process. Here is how we help our clients on their international divorce journey:

The Divorce Process in Singapore: A Comprehensive Guide for Expats

Singapore, known for its robust legal system, offers a well-established framework for divorce proceedings. However, expat divorces often involve additional complexities such as jurisdictional issues, cross-border assets, and child custody matters.

Being well-informed about the legal requirements, options, and potential challenges specific to an expat divorce in Singapore is essential for a smooth transition and for protecting your rights.

In the following sections, we will delve into the divorce process in Singapore, discussing;

• eligibility criteria,
• filing procedures,
• mandatory mediation,
• ancillary matters,
• child custody and maintenance considerations,
• division of matrimonial assets,
• finalising the divorce, and
• the possibility of appeals.

Throughout the guide, we will pay particular attention to aspects that expatriates should consider when divorcing in Singapore.

Eligibility for Divorce

In Singapore, the law recognizes only one ground for divorce: the irretrievable breakdown of the marriage. However, this breakdown must be proven through one of five legally recognized facts:

• adultery,
• unreasonable behaviour,
• desertion,
• separation for three years with consent,
• or separation for four years without consent.
• mutual agreement.

Read more: The Ground for Divorce in Singapore

Filing for Divorce

To initiate the divorce process, either you or your spouse has to be domiciled in Singapore (i.e. treated Singapore as your permanent home) at the start of the proceedings, OR either party has to have resided in Singapore for 3 years immediately before filing the divorce application.

Read more: Filing for Divorce — What Documents to File and Service of Documents

Mandatory Mediation

Upon filing the Writ for Divorce, where the divorce is contested, parties are required to attend mandatory mediation at the FJC’s Child Focused Resolution Centre (CFRC). Mediation encourages parties to reach an amicable settlement regarding child custody, maintenance, and division of assets. If mediation fails, the case proceeds to the next stage.

Read more: All you need to know about Divorce Mediation in Singapore

Ancillary Matters

The ancillary matters phase involves resolving financial and child-related issues. The Court expects parties to negotiate and mediate to reach a consensus on matters such as child custody, access, division of matrimonial assets, and spousal maintenance. If an agreement is reached, the Court will convert the agreement into a legally binding court order.

Read more: Ancillary Orders Relating To Children In Divorce Proceedings

Child Custody and Maintenance

In determining child custody arrangements, the Court prioritizes the child’s best interests. Parents are encouraged to agree on a parenting plan covering custody, care, and control.

If an agreement is not possible, the Court will decide based on various factors, including the child’s welfare and the ability of each parent to meet their needs.

Maintenance for children is also determined based on the child’s financial needs and the parties’ financial capabilities.

Read more: Child Issues (Access & Maintenance)

Division of Matrimonial Assets

Singapore does not follow the principle of equal division of matrimonial assets acquired by either spouse during the marriage.

Instead, the Singapore court will consider various factors such as the direct and indirect contributions made by each party, the length of the marriage, the parties financial needs, and the welfare of their children, if any.

Parties are encouraged to negotiate and reach a settlement. If an agreement cannot be reached, the Court will decide based on the relevant circumstances.

Read more: Factors Influencing Division of Matrimonial Assets

Finalizing the Divorce

If parties agree on all issues for the divorce and ancillary matters, the Court will grant an interim judgment. Once all matters are resolved, and there are no further disputes, the Court will issue a Certificate of Final Judgment 3 months after the date of the Interim Judgment to declare the end of the marriage officially.

Appeals

If dissatisfied with the Court’s decision, either party has the right to appeal within a specific time frame. Appeals are typically heard at the High Court (Family Division).

Conclusion:

Navigating the divorce process in Singapore requires a comprehensive understanding of the legal framework and procedures involved. Our international divorce lawyers can guide you to ensure your rights are protected and facilitate a smoother transition.

While divorce can be emotionally taxing, focusing on amicable negotiations and the children’s best interests can lead to more positive outcomes. Remember, settling through mediation is often the preferred approach. However, if that fails, the Court will make necessary decisions based on the relevant factors.

Getting Divorced in Singapore as an Indian Expat

Divorce can be inherently complex, but it becomes even more challenging when initiating divorce proceedings in Singapore after a marriage overseas.

This is primarily due to the unique issues and complexities in such cases.

If you and your spouse have connections to both India and Singapore, it is plausible that the courts of both countries hold jurisdiction over your case.

It is important to recognize that the legal frameworks pertaining to financial and child-related matters differ significantly between these jurisdictions.

Consequently, navigating these complex landscapes necessitates a comprehensive understanding of the divergent legal systems.

The Reasons for Divorce

Based on our experience, we have identified the prevailing reasons why married couples from India opt for divorce after their relocation to Singapore:

• Domestic violence
• One spouse commits adultery
• Problems with the other spouses’ parents
• One spouse begins hiding money

Questions & Concerns

Indian expats seeking a divorce in Singapore face many questions and concerns regarding the process. The most frequently asked queries include:

Complexities Involved

Divorce can be a complicated process for Indian couples in Singapore, especially when:

• Property division issues exist in India and Singapore.
• In divorce cases involving children, it is commonplace for spouses to have disagreements regarding child custody arrangements when one spouse expresses the desire for sole custody of the children, often intending to relocate to India either during or after the divorce proceedings.
• In some instances, one spouse may flee Singapore with the children without obtaining the other spouse’s consent or securing approval from the courts.
  
  

  Such a scenario can give rise to significant complications, particularly considering that India is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention). This non-membership status further exacerbates the complexities of addressing and resolving these situations.

Read more: Children in an International Divorce

Jurisdiction and Eligibility

The first thing to determine is whether the Singapore Courts have “jurisdiction” (the authority to deal with your case). Indian expats can file for divorce in Singapore if they have been married for three years and have resided in Singapore for three years.

Our Experience

Our head lawyer, Ms Gloria James, has accumulated extensive experience managing many divorce cases involving couples who married in India and subsequently pursued divorce proceedings in Singapore.

Throughout these cases, we have provided comprehensive guidance and addressed numerous inquiries raised by the spouses involved.

How GJC Law Can Help You

When you contact us, we will:

• Provide you with an overview of the Singapore divorce process;
• Identify any underlying legal issues if you plan to separate;
• Inform you about Singapore immigration laws that may affect your visa or work permit; and
• Explain the relevant legislation in Singapore pertaining to matters concerning children, spousal maintenance, and equitable distribution of assets.

Our customary approach involves facilitating a tripartite dialogue with Indian family lawyers, aiming to carefully examine and deliberate upon our clients’ optimal courses of action.

Moreover, this collaborative effort guarantees the acknowledgement and acceptance of the divorce decree by the Indian Courts, thus ensuring its legal validity and enforceability.

Our International Divorce Lawyers will explain the steps involved when considering a Singapore divorce and advise on your rights and options.

Call Us at +65 6337 0469

Mail us on consult@gjclaw.com.sg
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Divorce EligibilityJuly 11, 20230 comments

International Child Custody & Child Abduction (Hague Convention)

In international child custody matters the child’s “habitual residence” is critical in determining whether a child has been wrongfully removed to or remains in another country. In this article, we examine the application of the Hague Convention in international child custody disputes.

International Child Custody and Care & Control Order

As defined in the Women’s Charter, a ‘child’ of marriage is a child who is under 21 years of age. Custody refers to the parent who makes the major decisions for a child, such as the child’s health, religion, health, and education issues. The parent given care and control of the child is usually the primary caregiver responsible for the child’s day-to-day life. Access to the child is granted to the other parent who is not given care and control.

Read more: International Divorce: What About the Children?

Child Custody

If you and your spouse wish to live in different countries following your divorce in Singapore, issues will have to be addressed about where and with whom the children will live, as well as arrangements put into place for contact between the children and their ‘non-resident’ parent.

There are four different types of custody orders that the courts may grant:

Sole custody order: The custodial parent may make major decisions for the child without the other parent’s agreement.

However, note that sole custody is rare and granted only in exceptional cases where joint parental custody would significantly impede decision-making or where joint parental custody is not in the child’s best interests. In most cases in Singapore, it is the norm for the Courts to grant parents joint custody.

Ultimately, the type of custody order is based on the facts and circumstances of the case.

Joint custody order: Both parents must make significant decisions about the child jointly, i.e., both parties must agree upon decisions. Either parent can apply to the Court for a resolution if there is no agreement.

Joint custody is the most common order courts make to promote the idea of shared parental responsibility. Additionally, joint custody encourages the parent who does not live with the child to continue his or her responsibilities to the child as the child’s parent.

Hybrid order: This is a sole custody order, but it includes an order that the custodial parent must consult with (or even obtain the consent of) the non-custodial parent when making decisions about some issues, such as school choice, subject choice, and so forth.

Split custody order: This is when custody of one or more siblings is awarded to one parent and custody of the other siblings is awarded to the other parent. As a general rule, siblings should be under the care of the same parent. If split custody is requested, parents must file affidavits to justify split custody and explain why it is in the children’s best interest.

Based on the first principles, in any case where custody is in dispute, the child’s best interests are the overriding consideration when courts decide what type of custody order to grant.

Read more: Understanding Child Custody in Singapore

Care and Control of the Child

Care and control is different from the issue of custody. Care and control deals with which parent the child lives with on a daily basis.

The parent awarded care and control is responsible for the child’s day-to-day activities (e.g., daily necessities, meal and bedtimes).

Care and control can be either shared or sole. Where there is shared care and control, the time spent with the child will be split between the parents equally (i.e., the 2 homes).

However, this depends on whether the arrangement is workable and if it is in the child’s best interests. Generally, shared care and control is unlikely to be granted if it disrupts the child’s schedule, given the inconvenience of travelling between 2 homes frequently.

Shared care and control is also usually granted if the parents’ relationship is cordial and they can communicate effectively.

The following is a non-exhaustive list of factors that courts will consider in deciding the issue of care and control:

• Who has been the primary caregiver of the child?
• A child’s attachment and comfort level, whether moving back and forth between parents’ homes, disrupts the child’s routine and life.
• The child’s age – are they at an age where they can make independent decisions about who to live with?
• Who the proposed caregivers are (e.g., grandparents, friends of the parents to whom care and control is delegated), and how close they are to the children.
• If one parent alienates or makes access difficult for the other parent.

Ultimately, the paramount consideration is the child’s welfare in making an order for care and control.

Child Access & Overseas Access

Child Access

The parent who does not have care and control of the child is entitled to have access to the child. The starting point is a presumption that such access would benefit the child. The issue is then the quantum of access.

Some examples of access arrangements can include the following:

• Flexible and liberal access; or
• Stipulated days/times such as:
  • Weekday access: This is usually mid-week for a few hours and is typically subject to the child’s school schedule or other activities, e.g., tuition.
  • Weekend access: This may include overnight access and should consider the child’s school schedule and other activities.
• Public holiday access: Parties often come to an arrangement where each parent spends alternate public holidays with the child. Parties can modify this arrangement the following year.
• School holiday access
• Other special occasions such as birthdays

Access orders are generally unsupervised, i.e., the parent can spend time with the child without any third party monitoring the access. However, the Court may order supervised access in the interest of the child’s safety and relationship with the other parent, which depends on the facts and circumstances of the case.

Overseas Access

If the parent with access lives abroad, the non-custodial parent is still entitled to access the child through remote access or ad-hoc access when the parent returns to visit Singapore. You can even travel abroad with your child depending on the orders made.

Again, this is left to the discretion of the Court and depends on the particular circumstances of your case.

Read more: Custody, Care & Control, and The Welfare Principle of a Child

Relocation

After a divorce, you may want to return your child to your home country. However, the move may mean your child can no longer spend time with the other parent because of contact schedules. Therefore, you must obtain the other parent’s consent to move abroad with your child. Where there is no consent, an application to Court must be filed.

The following are some factors the Court will consider in granting a request to relocate with your child:

• Whether the relocation is permanent or for a short term
• Remarriage of the relocating parent
• Family support and grandparents abroad
• Child’s education
• The loss of relationship with the other parent
• Enlistment for national service in Singapore

Legal Representation

In conclusion, international divorce with children in Singapore can be formidable. Our International Divorce Lawyers can advise you on foreign child custody, care and control, and access laws in Singapore.

For advice on complex laws concerning foreign child custody, care and control, and access laws in Singapore, consult an International divorce lawyer.

GJC Law credits our Vice-Head of Family & Matrimonial Law Practice, Sara Aziz, for her guidance.

Understanding the Requirements for an Expat Divorce in Singapore

“Can I divorce in Singapore if I got married abroad?” is a common query received by our International Divorce Lawyers in the globalised world we live in today.

As a starting point, the essential questions our Singapore Divorce Lawyers will ask are as follows:

• How long have the parties been married?
• Is either party to the marriage a Singapore Citizen?
• If neither party is a Singapore Citizen, how long have parties been residing in Singapore?
• Am I eligible to file for divorce in Singapore?
• What is the ground for divorce in Singapore?
• Habitually resident – what does it mean?

Eligibility

The length of time parties have been residing in Singapore is important because it determines whether the Court has jurisdiction to hear parties’ divorce proceedings based on domicile or habitual residence for at least three years before the commencement of proceedings under Section 93(1) of the Women’s Charter (Chapter 353).

To sum up, in the event parties have married overseas and wish to divorce in Singapore, they must fulfil the following:

• Married for at least three years;
• One party must be a Singapore Citizen;
• If no party to the marriage is a Singapore Citizen, either party must show intention to be domiciled in Singapore or be habitually resident in Singapore for at least three years

If you do not meet the above criteria

Less than three years before the commencement of the proceedings

If parties have been residing in Singapore for less than 3 years, the party who wishes to commence divorce proceedings may consider showing his/her intention to be domiciled in Singapore.

Intent to be domiciled means that he/she has to demonstrate the following:

• Voluntary residence as an inhabitant rather than a casual visitor;
• His/her intention to remain in Singapore indefinitely.

An example to show the same would be shifting a party’s substantial assets to Singapore.

At least 3 years before the commencement of proceedings

If parties have been habitually residing in Singapore for at least three years before the commencement of proceedings, the Singapore Courts will have jurisdiction to hear the parties’ divorce proceedings. To show habitual residence in Singapore, one must show a degree of continuity in his/her residence in Singapore, which is a question of fact.

Read more: Legal Issues Expats Face in Filing For Divorce in Singapore

Habitual Residency

Under the laws of Singapore, unless you are a citizen of Singapore, you will have to show habitual residence in Singapore before you can commence divorce proceedings here. You are habitually resident in Singapore if you have resided here for at least 3 years immediately before filing divorce papers in Singapore.

Read more: Jurisdiction of Court in Matrimonial Proceedings

Ground for Divorce

There is only one ground for divorce recognised in Singapore: an irretrievable breakdown of the marriage.

What is required is the impossibility of reconciliation and finality in intention.

• If you decide to apply for divorce, the onus is on you to prove ONE of the five possible situations as laid down in s 95(3) of the Women’s Charter.

There are 5 facts to prove “irretrievable breakdown” grounds for a foreigner to divorce in Singapore, which are as follows:

• Adultery: When the defendant commits adultery, and the plaintiff (i.e. the person seeking divorce) finds living with the defendant intolerable.
• Unreasonable Behaviour: When the defendant has behaved in such a way that the plaintiff cannot reasonably expect to live with him.
• Deserted: When the defendant has deserted the plaintiff for at least 2 years preceding the divorce proceedings.
• Separation of at least 3 years: Preceding the file for divorce and the defendant consents to the divorce (e.g. for simplified uncontested divorce).
• Separation of at least 4 years: Preceding the divorce proceedings and the defendant does not consent to the divorce (e.g. for contested divorce).
• Mutual Agreement: You and your spouse agree the marriage has broken down and have settled key matters like child custody, maintenance, and asset division.

FAQs about Divorce in Singapore for Expats

How Do I Divorce if My Spouse is Overseas?

As mentioned above, should you meet the requirements of divorce in Singapore, you can file for the same here, even if the other party is overseas. However, if the other party commences divorce proceedings overseas simultaneously, You may apply for a stay application to suspend the overseas proceedings if you insist they be heard here.

The Singapore court will decide whether the case should be heard in Singapore or abroad. The Singapore court considers various factors, including the location of both parties’ assets and the location of your children (if any). If the application is successfully stayed, you can continue the divorce proceedings in Singapore accordingly.

Nevertheless, if you obtain a foreign divorce order, you can have it recognised in Singapore to dissolve your marriage.

Is a Marital Agreement from Overseas Valid in Singapore?

If the Marital Agreement contains a jurisdiction clause providing that it is subject to a foreign jurisdiction, the Agreement is generally not binding in Singapore. Be that as it may, the Singapore Court may consider parties’ intentions as reflected in the Agreement. In particular, regarding the division of assets, the Court has the discretion to decide on a just and equitable division.

Read more: Division of Matrimonial Assets – What the Court Will Consider

Are there advantages if I choose to divorce in Singapore?

• Generally, within a month of filing for divorce, you will receive a hearing date.
• Able to immediately file for divorce (i.e., you do not need to separate for a fixed period before filing for divorce).
• Singapore is a fused system, and you avoid barrister costs.
• A favourable exchange rate means your dollar will go further.
• Adulterous defendants are not automatically punished or penalised by the Court.

Read more: Foreigner Divorce in Singapore – What an Expat Should Know

Legal Representation

Overall, foreigner divorce in Singapore can be emotionally and legally challenging. The legal implications of a cross-border divorce tend to be complex, so clearly understanding the potential issues and how to address the legal concerns will help you deal with them effectively.

Divorce cases involving expats are unique and require a customised approach. At Gloria James-Civetta & Co, our international divorce lawyers offer sound legal advice to Expats living in Singapore and clients from other jurisdictions.

Real Estate, Financing & Divorce

High Net Worth (HNW) and Ultra-high Net Worth (UHNW) individuals have many complex challenges during a divorce, of which one of the most significant is Real estate. Some of the complexity centres around:

• How commercial and residential assets are divided between the parties globally
• New home(s) required for one or both of the parties
• How these real estate assets are financed
• Taxation considerations and implications

In many cases, even with HNW and UHNW families, there will be debt secured against real estate to leverage the assets and provide the highest return on investment. When assets are split between parties and the ownership changes this will normally trigger a requirement to refinance, which can prove a difficult process to navigate.

If refinancing is not arranged, then the court may be left with having to order the sale of the asset. A forced asset sale could financially adversely impact the parties if it is not a good time to sell the asset and there is time pressure from the court to sell it quickly.

Furthermore, If there is a requirement to purchase one or more new residential homes financing these new homes can have added complexity if one of the spouses does not have a regular income.

In such situations, family mediation is a great way to discuss matters such as alternative financing options, to try and reach an amicable resolution if possible to stay out of court and save on legal fees.

These financing requirements are challenges that can be overcome with an experienced debt advisor such as the team at Arc & Co.

Arc & Co. is an independent full-service real estate debt advisory business with offices in London, Singapore, Monaco and Switzerland.

We can assist people going through a complex divorce settlement to restructure the debt on current and new real estate assets to ensure that your full portfolio is financed optimally.