ORDER 102
INTERNATIONAL CHILD ABDUCTION ACT 2010
[S 75/2011 wef 01/03/2011]
1.
—(1) In this Order, unless the context otherwise requires —
“Act” means the International Child Abduction Act 2010 (Act 27 of 2010), and any reference to a section shall be construed as a reference to a section in the Act;
“relevant child” means a child who is the subject of proceedings under Part III of the Act.
(2) Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act.
(3) Subject to this Order, these Rules shall apply, with the necessary modifications, to proceedings under Part III of the Act.
[S 75/2011 wef 01/03/2011]
2. Unless otherwise provided in the Act or these Rules, every application to the Court under Part III of the Act must be made by originating summons in Form 4 or 5.
[S 75/2011 wef 01/03/2011]
3. Every originating summons to which this Order relates, and all affidavits, notices and other documents in those proceedings, must be entitled in the matter of the Act and in the matter of the relevant child.
[S 75/2011 wef 01/03/2011]
4.
—(1) Unless the Court otherwise orders, the parties to any proceedings under Part III of the Act are —
(a)
the plaintiff or applicant; and
(b)
any person referred to in paragraph (2) who is named as a defendant in the proceedings.
(2) A person named as a defendant in any proceedings under Part III of the Act must be one or more of the following:
(a)
a person alleged to have wrongfully removed to or retained in Singapore, within the meaning of the Convention, the relevant child;
(b)
a person with whom the relevant child is presumed to be;
(c)
any parent or guardian of the relevant child, being a parent or guardian who is present in Singapore;
(d)
a person in whose favour a decision relating to the custody of the relevant child has been made by any court, whether in or outside Singapore;
(e)
a person who appears to the Court to have sufficient interest in the welfare of the relevant child.
(3) The Court may order that any person be joined as a party, if the Court considers that it is desirable to do so.
(4) The Court may at any time direct that any person who is a party to the proceedings be removed as a party.
[S 75/2011 wef 01/03/2011]
5.
—(1) An application for an order under section 8 must be supported by an affidavit affirmed or sworn by the plaintiff or applicant or, if the circumstances of the case justify it, a person duly authorised to affirm or swear the affidavit on behalf of the plaintiff or applicant.
(2) The affidavit must state the following:
(a)
the particulars of all parties to the proceedings;
(b)
the particulars of the relevant child, including, where available, his date of birth;
(c)
the grounds on which the plaintiff’s or applicant’s claim for the return of the relevant child is based;
(d)
the whereabouts of the relevant child in Singapore, and the particulars of any person with whom the relevant child is presumed to be;
(e)
whether there are any court proceedings (including proceedings outside Singapore and concluded proceedings, whether in or outside Singapore) relating to the relevant child, and the particulars of any such proceedings and of any orders made in any such proceedings (including interim orders); and
(f)
any other information which may assist in securing the return of the relevant child.
(3) The application must exhibit —
(a)
an authenticated copy of each of the following:
(i)
any relevant decision relating to the custody of the relevant child made by any court, whether in or outside Singapore; and
(ii)
any relevant agreement relating to the custody of the relevant child; and
(b)
a certificate or an affidavit emanating from the Central Authority of Singapore or any other competent authority of the Contracting State referred to in section 8(1), or from a person who is qualified to express an opinion on the relevant law of that State, concerning the relevant law of that State.
[S 75/2011 wef 01/03/2011]
6.
—(1) An application for a declaration under section 14 must be supported by an affidavit affirmed or sworn by the plaintiff or applicant or, if the circumstances of the case justify it, by a person duly authorised to affirm or swear the affidavit on behalf of the plaintiff or applicant.
(2) The affidavit must state the following:
(a)
the particulars of the request made by the requesting judicial or administrative authorities referred to in Article 15 of the Convention;
(b)
the particulars of all parties to the proceedings;
(c)
the particulars of the relevant child, including, where available, his date of birth;
(d)
the grounds of the application;
(e)
the whereabouts of the relevant child in Singapore, and the particulars of any person with whom the relevant child is presumed to be; and
(f)
whether there are any court proceedings (including proceedings outside Singapore and concluded proceedings, whether in or outside Singapore) relating to the relevant child, and the particulars of any such proceedings and of any orders made in any such proceedings (including interim orders).
(3) The application must exhibit an authenticated copy of each of the following:
(a)
any relevant decision relating to the custody of the relevant child made by any court, whether in or outside Singapore; and
(b)
any relevant agreement relating to the custody of the relevant child.
[S 75/2011 wef 01/03/2011]
7.
—(1) Where an application under Part III of the Act is made by originating summons in Form 4, the plaintiff shall serve the application, together with the affidavit filed in support of the application, on each person who is named as a defendant in the proceedings.
(2) The plaintiff shall forward a copy of the application and the supporting affidavit to the Central Authority of Singapore as soon as practicable, and in any case not later than 7 days after the date on which the application is filed.
(3) In a case where there are pending proceedings in a court in Singapore relating to the custody, care and control of or access to the relevant child, the plaintiff shall forward a copy of the application and the supporting affidavit to that court not later than 7 days after the date on which the application is filed.
(4) In this rule and rule 8, “court in Singapore” includes the Syariah Court and the Appeal Board constituted under the Administration of Muslim Law Act (Cap. 3).
[S 75/2011 wef 01/03/2011]
8.
—(1) A defendant shall, not later than 14 days after the service of the application and the supporting affidavit by the plaintiff under rule 7(1), file any affidavit on which he intends to rely and serve a copy thereof on the plaintiff and every other party to the proceedings.
(2) The defendant’s affidavit must, where the plaintiff’s affidavit does not so disclose, state the particulars of any court proceedings (including proceedings outside Singapore and concluded proceedings, whether in or outside Singapore) relating to the relevant child, and of any orders made in any such proceedings (including interim orders).
(3) Where the defendant’s affidavit discloses the particulars referred to in paragraph (2), the defendant shall forward a copy of the affidavit to the Central Authority of Singapore as soon as practicable, and in any case not later than 7 days after the date on which the affidavit is filed.
(4) In a case where there are pending proceedings in a court in Singapore relating to the custody, care and control of or access to the relevant child, and where the defendant’s affidavit discloses the particulars referred to in paragraph (2), the defendant shall forward a copy of the affidavit to that court not later than 7 days after the date on which the affidavit is filed.
(5) The plaintiff may, not later than 7 days after the service of the defendant’s affidavit, file an affidavit in reply and shall serve a copy of the affidavit in reply on the defendant and every other party to the proceedings.
[S 75/2011 wef 01/03/2011]
9. Where the proceedings before the Court involve a matter of urgency, an application for an interim order or an interim direction may be made by ex parte summons.
[S 75/2011 wef 01/03/2011]
10.
—(1) A person who makes an application under the Convention in a Contracting State (other than Singapore) and who wishes to obtain from the Court an authenticated copy of an order or a judgment of the Court relating to the relevant child shall apply in writing to the Registrar.
(2) The authenticated copy of the order or judgment shall be a copy endorsed with a certificate signed by the Registrar certifying that the copy is a true copy of an order or a judgment obtained in the Court.
[S 75/2011 wef 01/03/2011]
11. Any person who is granted any order by the Court under Part III of the Act shall forward a copy of the order to the Central Authority of Singapore not later than 7 days after the date of the order.
[S 75/2011 wef 01/03/2011]
12.
—(1) The Court may, if it considers it in the interests of the relevant child to do so, do either or both of the following:
(a)
direct the parties to attend mediation;
(b)
direct the parties or the relevant child, or both, to attend counselling.
(2) The mediation or counselling referred to in paragraph (1) shall be conducted by such person as the Court may appoint.
[S 75/2011 wef 01/03/2011]
[S 513/2011 wef 30/09/2011]