Child Abduction And The Hague Convention Issues

International child abduction, often by a parent taking children out of a country without the consent of the other parent, is increasing as more people travel and reside overseas. This will often require immediate action in multiple jurisdictions.If a child is abducted from Singapore to another country, we can assist the left-behind parent by taking the following steps:

• Determine whether the case can be brought pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention);
• Prepare and file the Hague Convention application as to petitioner’s custody rights under Singapore law;
• Coordinate with the Central Authority of Singapore and corresponding Embassies;
• Assist our client retain local counsel in the foreign jurisdiction;
• Determine the possibility of instituting civil proceedings against the abductor Coordinate appropriate action if the abductor flees to a third jurisdiction;
• Coordinate the institution of measures to cause the foreign state’s authorities to enforce its court’s return order; and
• Determine and help implement alternative strategies in the case of abductions to countries that are not parties to the Hague Convention.

If retained by a parent who is alleged to have abducted a child to a foreign jurisdiction, international counsel will assist the client to retain local counsel in the foreign jurisdiction, assist in preparing the defense and assist in defending any actions that the left-behind parent asserts in the state from which the child was removed.

Asset Division

What happens to our property overseas in a divorce?

One of the issues that crop up during a divorce is the division of matrimonial assets. The definition of “matrimonial assets” can be found in Section 112(10) of the Women’s Charter as follows:

(a) any asset acquired before the marriage by one party or both parties to the marriage —

(i) ordinarily used or enjoyed by both parties or one or more of their children while the parties are residing together for shelter or transportation or for household, education, recreational, social or aesthetic purposes; or

(ii) which has been substantially improved during the marriage by the other party or by both parties to the marriage; and

(b) any other asset of any nature acquired during the marriage by one party or both parties to the marriage,

The same principles apply to assets overseas, which can include the parties’ matrimonial home overseas and other property such as car, jewellery, shares and savings that are held in a foreign country. Once the Court has ascertained that the property overseas should be considered as a “matrimonial asset” and included in the pool of assets to be divided, the Court will then determine the appropriate proportions in which the division should take place according to the factors listed in Section 112(2) of the Women’s Charter.

Obtaining An Injunction Against The Relocation Of A Child

Injunction
If you have reason to believe that there is a real risk and danger of your spouse taking your child abroad (without your knowledge and/ or consent), in situations where (a) any matrimonial proceedings are pending; or (b) one parent has custody of the child to the exclusion of the other, you may apply to the Court for an injunction order to restrict your spouse from doing so.

If your spouse breaches the Injunction Order
If your spouse willfully breaches the terms of this injunction, he or she may be liable for contempt of court.

Grant of Leave
On the other hand, if you wish to take your child abroad prior to the courts making a final judgment on the divorce or in a situation where you do not have custody of the child, you may apply to the court for a grant of leave for your child to be taken out of Singapore either unconditionally or subject to conditions or undertakings that the court deems fit.