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File an international child abduction application
About the Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction (HCCAICA) is an international treaty to protect children who have been removed from their country of habitual residence without the permission of a parent who has custody rights.
When it applies
The HCCAICA applies to cases:
- Involving a child under 16 years of age.
- Between countries or territories that have signed on and consent to be bound to the Convention (contracting states).
- This means that the HCCAICA only applies where a child has been wrongfully removed from one contracting state and brought to another contracting state or wrongfully retained in a contracting state.
Filing an application under the International Child Abduction Act
If you are a parent with custody rights and your child has been wrongfully removed or retained in Singapore without your permission as defined by the HCCAICA, you can apply to the Family Courts for an order to have the child returned under Section 8 of the International Child Abduction Act (ICAA).
As defined within Article 15 of the HCCAICA, if you are a party who has sufficient interest in the matter, you can apply to the Family Courts for the court to make a declaration that the removal of a child from Singapore, or the retention of the child outside Singapore, was wrongful under Section 14 of the ICAA.
Note
Under Article 15 of the HCCAICA, you may have to provide evidence that the removal or retention of the child from their country of habitual residence was wrongful before the judicial or administrative authorities of a contracting state makes an order for the return of the child.
Key facts
Refer to the following on how you can file and serve an application under the ICAA.
If you are filing the application, you are the applicant or plaintiff.
The other party is the respondent or defendant.
When to file | Before the child reaches 16 years of age. |
How to file | Through eLitigation. |
When to serve | You should serve the approved documents on the defendant and the relevant authorities within 7 days from the date that the originating application is issued. |
What you will need
Depending on the nature of your application, you will need to provide the following information or documents.
You should prepare the following:
- The Originating Application for Orders under Section 8 of the ICAA (OA) (Form 68, Family Justice Courts Practice Directions 2024 (DOCX, 79 KB)).
- The affidavit in support of the OA (Form 68, Family Justice Courts Practice Directions 2024 (DOCX, 79 KB)).
Your affidavit must state the following:
- The particulars of all parties to the proceedings.
- The particulars of the relevant child, including the date of birth.
- The grounds (reasons) for your application.
- The whereabouts of the relevant child in Singapore and the particulars of any person the relevant child is presumed to be with.
- Details about any court proceedings relating to the relevant child.
- This may include proceedings outside Singapore and concluded proceedings, whether in or outside Singapore, relating to the relevant child.
- You will also have to provide the particulars of any such proceedings and any orders made in any such proceedings (including interim orders).
- Any other information that may assist in securing the return of your child.
Your application must also include all of the following:
- An authenticated copy of any relevant decision relating to the custody of the relevant child.
- This decision can be made by any court, whether in or outside Singapore.
- An authenticated copy of any relevant agreement relating to the custody of the relevant child.
- A certificate or an affidavit from the Central Authority of Singapore or any other authority from a contracting state.
- The certificate or affidavit can also be obtained from a person who is qualified to express an opinion on the relevant law in the contracting state.
Note
If you are not sure what to say, or need help preparing your OA or affidavit, you should seek independent legal advice.
The courts are not able to provide legal advice or recommend lawyers. Find out where to get help.
You should prepare the following:
- The Originating Application (OA) for Orders under Section 14 of the ICAA (OA)(Form 68, Family Justice Courts Practice Directions 2024 (DOCX, 79 KB)).
- The affidavit in support of the OA (Form 68, Family Justice Courts Practice Directions 2024 (DOCX, 79 KB)).
- For filing commenced before 15 October 2024, you should prepare Form 214 (PDF, 147 KB) and Form 216 (PDF, 268 KB) of the Family Justice Courts Practice Directions 2015 for the originating summons and affidavit in support.
Your affidavit must state the following:
- The particulars of all parties to the proceedings.
- The particulars of the relevant child, including the date of birth.
- The grounds (reasons) for your application.
- The whereabouts of the relevant child in Singapore, and the particulars of any person the relevant child is presumed to be with.
- Details about any court proceedings relating to the relevant child.
- This may include proceedings outside Singapore and concluded proceedings, whether in or outside Singapore) relating to the relevant child.
- You will also have to provide the particulars of any such proceedings and any orders made in any such proceedings (including interim orders).
Your application must also include all of the following:
- Any relevant decision relating to the custody of the relevant child made by any court, whether in or outside Singapore.
- Any relevant agreement relating to the custody of the relevant child.
Note
If you are not sure what to say, or need help preparing your OA or affidavit, you should seek independent legal advice.
The courts are not able to provide legal advice or recommend lawyers. Find out where to get help.
Estimated fees
Refer to the following for the possible fees for filing your documents. You may also refer to Division 2 of the Third Schedule of the Family Justice (General) Rules 2024 for the full list of court fees.
- For filings commenced before 15 October 2024, refer to Part 2 of the Fifth Schedule of the Family Justice Rules 2014 for the full list of court fees.
In addition to these fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
|---|---|
Filing the OA | $60 |
Filing the supporting affidavit | $1 per page, subject to a minimum fee of $10 per affidavit. |
| Filing the Notice of Proceedings (General) | $10 |
How to file and serve
Refer to the following steps to file and serve your application.
Step | Result |
|---|---|
| 1.File your application | The court will accept or reject your application. |
| 2.Collect the approved documents | You will receive a copy of the sealed documents via eLitigation. |
| 3.Serve documents on the respondent and the relevant authorities | The respondent and the relevant authorities are notified of your application. |
You may choose to file your application personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.
If you are representing yourself, you must file the documents through eLitigation at the LawNet & CrimsonLogic Service Bureau.
After 15 October 2024, you must follow Part 5 of the Family Justice (General) Rules 2024 and the Family Justice Courts Practice Directions 2024 to prepare your documents before heading down personally to do the filing.
- For filings commenced before 15 October 2024, you must follow Part 10 of the Family Justice Rules 2014 and the Family Justice Courts Practice Directions 2015 to prepare your documents before heading down personally to do the filing.
Your documents will then be submitted to the Family Justice Courts for review.
The LawNet & CrimsonLogic Service Bureau will notify you via email or SMS of the outcome of your submission. If the court accepts your documents, a copy of the accepted documents containing the respective court's seal and registrar's signature will be issued via eLitigation.
You will have to collect the accepted documents for service on the respondent from the LawNet & CrimsonLogic Service Bureau.
You can serve the sealed documents on the respondent. This is to alert them that you have filed an application for the return of the child.
How you can serve
You can serve the sealed documents on the respondent in the following ways:
Service method | What it is |
|---|---|
Personal service | Hard copies of the documents will be handed directly to the respondent by someone authorised to do so such as:
|
| eLitigation | (If a lawyer represents the respondent) Submitting soft copies of the documents to the respondent's lawyer. The court accepts this form of service only if the respondent's lawyer indicates on the documents that they accept service on behalf of the respondent. |
Note: You may also serve the documents on the respondent by any other method approved by the court.
You must also forward a copy of your application and supporting affidavit to the following authorities within 7 days from the date the application is filed:
- The Central Authority of Singapore.
- (If you have pending proceedings relating to the custody, care and control or access to the relevant child) The court in Singapore where the case is heard.
Note
If you fail to serve the documents on the respondent, the Central Authority of Singapore or the court where there are pending proceedings, your application will not be heard by the court unless it otherwise directs.
After you file and serve
The court will schedule a date to attend court after your application has been accepted by the court.
Tip
The date and time of your first court session (the case conference) can be found in the sealed OA.
If the respondent wishes to contest your application, they will file and serve their affidavit on you within 14 days from the date you served the documents on them.
You will then need to file and serve your reply affidavit on the respondent within 7 days from the date the respondent served their affidavit on you.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreResources
- Specimen Government Medical Certificate (DOCX, 18 KB) for absence from court attendance.
Legislation associated with this topic includes:
- International Child Abduction Act.
- The Hague Convention on the Civil Aspects of International Child Abduction.
- For filings commenced on or after 15 October 2024, refer to:
- Part 5, Part 6 and Part 7 of the Family Justice (General) Rules 2024.
- For filings commenced before 15 October 2024, refer to:
- Part 10 of the Family Justice Rules 2014.
For filings commenced on or after 15 October 2024, refer to Part 13 of the Family Justice Courts Practice Directions 2024 for the general procedure regarding the conduct of hearings.
For filings commenced before 15 October 2024, refer to Paragraph 44 of the Family Justice Courts Practice Directions 2015 for proceedings under the International Child Abduction Act.
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