Child Custody & Relocation Issues

If your marriage breaks down and you have children, either you or your partner may want to take them back to your home country. Under Singapore law, removing children without the permission of the other parent could amount to child abduction.

Countries which are signatories to The Hague Convention on Child Abduction will co-operate to ensure the safe return of children removed from Singapore.

If you and your spouse wish to live in different countries following your divorce in Singapore, issues will arise about where and with whom the children will live. You will also need to consider contact arrangements between the children and their ‘non-resident’ parent.

Cross-border divorces are far from straightforward and the legal implications complex. Addressing and resolving child issues at an early stage will enable you to deal with them more swiftly.

Permission to Relocate with a Child

In Singapore, a parent with care and control of a child cannot simply relocate overseas with the child without the consent of the other parent or an order of the Court. If the other parent does not agree to the relocation, the parent wishing to move must apply to the Court for permission before relocating with the child.

Court Considerations When Relocation Is Contested

Where relocation is disputed, the Court will consider whether the proposed move is in the child’s best interests. Factors the Court may consider include:

• the child’s welfare and stability
• the reasons for the proposed relocation
• the impact on the child’s relationship with the other parent
• access arrangements following relocation
• schooling, environment and support networks available to the child

Custody and Care and Control

Expatriate parents often misunderstand the distinction between custody and care and control in Singapore family law.

• Custody generally refers to the authority to make major decisions about the child’s upbringing, including matters such as education, religion and medical treatment.
• Care and Control refers to the parent with whom the child primarily lives on a day-to-day basis.

This distinction can be particularly important in relocation cases, as a parent with care and control may wish to relocate with the child but still share custody with the other parent.

Contact Arrangements Across Borders

Where parents live in different countries, arrangements must also be made to ensure the child maintains a meaningful relationship with the non-resident parent. Practical considerations may include:

• holiday access and extended stays during school holidays
• sharing or allocation of travel costs
• maintaining regular contact through video calls or other virtual communication

Risk of Wrongful Removal and the Hague Convention

The risk of wrongful removal or retention of a child is one component of cross-border custody disputes. Singapore is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which provides a framework for the prompt return of children who have been wrongfully removed from their country of habitual residence.

Many countries commonly connected to expatriate families living in Singapore are signatories to the Convention. These include:

• Australia
• United Kingdom
• United States
• Canada
• New Zealand
• Japan
• South Korea
• France
• Germany
• Italy
• Spain
• Netherland
• Switzerland
• Norway
• Sweden
• Denmark

In total, more than one hundred jurisdictions are contracting states to the Convention. A full and updated list of participating countries is available from the Hague Conference on Private International Law (HCCH) at:
https://www.hcch.net/en/instruments/conventions/status-table/?cid=24

International Cooperation and the Hague Conference on Private International Law (HCCH)

The Hague Convention on the Civil Aspects of International Child Abduction is administered globally by the Hague Conference on Private International Law (HCCH). As part of its post-Convention work, the HCCH operates the International Child Abduction Database (INCADAT); the world’s only free legal database dedicated to international child abduction law.

INCADAT contains decisions from courts in more than 55 jurisdictions, together with case summaries and legal analysis relating to the application of the 1980 Child Abduction Convention. The database is used by judges, lawyers, academics and policymakers around the world to understand how courts interpret and apply the Convention across different jurisdictions. Case summaries are available in English, French and Spanish, allowing practitioners and families involved in cross-border disputes to access international case law more easily.

The operation and continued development of INCADAT is supported through voluntary contributions from leading international family law firms. For the 2025–2026 financial year, the HCCH partnered with a group of firms from around the world to support and enhance the operation of the database.

Gloria James-Civetta & Co (Singapore) is among the international family law firms contributing to the continued operation and development of INCADAT, alongside leading firms from jurisdictions including the United Kingdom, United States, Australia, France, Germany, Italy, Spain, the Netherlands, South Africa and Argentina. This collaboration reflects the firm’s involvement in the global professional network addressing cross-border child abduction and international family law issues.

Through initiatives such as INCADAT, the HCCH facilitates cooperation between jurisdictions and promotes a better understanding of how the Convention operates worldwide.

For more information about the Hague Convention and participating countries, please refer to the official HCCH resources:

List of Contracting States:
https://www.hcch.net/en/instruments/conventions/status-table/?cid=24

International Child Abduction Database (INCADAT):
https://www.incadat.com