APPLICATIONS TO COURT
—(1) A person who claims that, in breach of rights of custody attributed to a person, either jointly or alone, under the law of a Contracting State, a child has been wrongfully removed to or retained in Singapore within the meaning of the Convention may apply to the Court for an order that the child be returned.
(2) An application under subsection (1) may be made by —
the person to whom the rights of custody (claimed to have been breached) are attributed under the law of the Contracting State; or
any person appearing to the Court to have sufficient interest in the matter.
(3) The applicant shall notify the Central Authority of Singapore of his application by forwarding a copy of his application to the Central Authority of Singapore as soon as practicable.
(4) The Court may, if it determines that the child should be returned to the Contracting State, give leave for the child to be taken out of Singapore either unconditionally or subject to such conditions or undertakings as the Court may think fit.
(5) In this section, “person” includes an institution or other body.
9. On the application of any person who is not a party to an application under section 8, the Court may, if satisfied that it is in the interest of the child (in respect of whom the application under section 8 has been made) for that person to be made a party, allow that person to intervene in the proceedings upon such terms as the Court thinks just.
—(1) Where an application has been made to the Court under section 8 for the return of a child, the Court may, at any time before it determines the application, make such interim orders or give such interim directions as it thinks fit for the purpose of securing the welfare of the child or of preventing changes in the circumstances relevant to the determination of the application.
(2) Without prejudice to the generality of subsection (1), the Court may make interim orders or give interim directions for the care and control of or access to the child.
—(1) Without prejudice to the generality of section 10, where an application under section 8 for the return of a child is pending or has been dismissed by the Court, the Court may issue an injunction restraining any person from taking the child out of Singapore.
(2) An application for an order under subsection (1) may be made by any person appearing to the Court to have sufficient interest in the matter.
12. The Court may receive advice from any person, whether or not a public officer, who is trained or experienced in matters relevant to the Court’s determination of an application under section 8, but shall not be bound to follow any such advice.
—(1) When an application has been made to the Court under section 8 for the return of a child, no decision shall be made by any court in respect of the custody of, care and control of or access to the child in any proceedings until the Court has determined the application.
(2) The reference to deciding on the merits in respect of the custody of, care and control of or access to a child in subsection (1) shall be a reference to making, varying, revoking or enforcing a custody order, a care and control order or an access order, as the case may be, in respect of the child.
(3) Subsection (1) shall not affect or limit the Court’s power to make interim orders or give interim directions under section 10.
(4) In this section, “court” includes the Syariah Court and the Appeal Board constituted under the Administration of Muslim Law Act (Cap. 3).
—(1) The Court may, on an application made for the purpose of Article 15 of the Convention by any person appearing to the Court to have sufficient interest in the matter, make a declaration that the removal of a child from Singapore, or the retention of the child outside Singapore, was wrongful within the meaning of the Convention.