Towards the Best Interests of the Child in Cross- Border Situations - Singapore’s Experience-...
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Towards the Best Interests of the Child in Cross- Border Situations - Singapore’s Experience- District Judge Joyce Low Director, Planning, Policy and Administration,
Towards the Best Interests of the Child in Cross- Border
Situations - Singapores Experience- District Judge Joyce Low
Director, Planning, Policy and Administration, Family Justice
Courts Macao Symposium towards the well-being of the child through
the Hague Child Abduction and Protection of Children Conventions:
An Asia Pacific Symposium 25 and 26 June 2015 | Macao, SAR
Slide 2
Outline i.Context ii.Legal Framework for Cross Border Child
Abduction Cases Mediation and Counselling Judicial Cooperation
iii.Role of Central Authority and other agencies iv.Cases post
enactment of ICAA v.1996 Convention? 2
Slide 3
Singapore: an open and globalised state Singaporeans working
and living abroad; Foreigners working and taking up residence in
Singapore Benefits of acceding to the Convention, in particular for
the welfare and interest of children born and living in Singapore
Acceded to the Hague Convention 1980 on 28 December 2010 3
Slide 4
CONTRACTING STATES Contracting States to date 93 Contracting
States that accepted Singapores accession to the HCCAICA. 36
Gazetted
Slide 5
Legal Framework for Cross-border Abduction Countries which have
accepted Singapores accession International Child Abduction Act
(ICAA) For non Contracting States and States which have not
accepted Singapores accession Guardianship of Infants Act (GIA)
5
Slide 6
Powers under the ICAA The Act provides for two main
applications An order for the return of the child Declaration that
the removal of a child from Singapore was wrongful for the purposes
of Art 15 of the Convention 6
Slide 7
Features of the ICAA Framework Applications under the Act are
made by way of Originating Summons before a Judge in Chambers
Dedicated Expertise The cases are handled by a dedicated pool of
senior judges Expedited Case Management Cases placed on special
track with shorter timelines Provision of urgent mediation and
counseling 7
Slide 8
All matters will be dealt with in the Family Justice Courts in
the first instance 8
Slide 9
Non Convention Cases Guardianship of Infants Act Welfare and
best interest of the child is of paramount importance Court
considers all circumstances, including: Childs habitual residence
Wishes of the parents Wishes of child if of age to express
independent opinion Welfare: taken in its widest sense 9
Slide 10
Mediation and Counselling Strongly encourage the use of
counselling and mediation to help parties resolve family matters.
Philosophy for holistic resolution of family cases Direct the
parties to attend mediation; Direct the parties or the relevant
child, or both, to attend counselling Court may do either or both
of the following: 10
Slide 11
Family Dispute Resolution: Court ADR Provides early
conciliatory forum for divorcing parents with minor children
Encompasses mediation and counselling Child-centric and problem
solving approach Helps parents reach agreement on care arrangement
of children Reduces adverse intergenerational effects of family
dysfunction on children Availability of video-conferencing
facilities and co-mediations for international family mediation
11
Slide 12
Assessment of use of mediation Mediation for cross-border child
disputes: Benefits Challenges: voluntary process; enforcement
issues; varying standards/processes/techniques; lack of knowledge
about family mediation services in other countries 12
Slide 13
Judicial Cooperation Collaboration Important for the smooth and
effective implementation of the Hague Convention across
jurisdictions Hague Network of Judges Facilitate direct
communications and cooperation Singapore has appointed 2 judges to
be members of the Network 13
Slide 14
14 SINGAPORE CENTRAL AUTHORITY AND OTHER AGENCIES
Slide 15
SCA BACKGROUND The 1980 Hague Convention entered into force for
Singapore on 1 March 2011. Ministry of Social and Family
Development is designated as the Central Authority in
Singapore.
Slide 16
SCAs ROLE Performs an administrative role, provide information
& advice. Facilitate the voluntary return of children + Liaise
with other Central Authorities to secure the safe and prompt return
of children Facilitating access to the Child Refer parents for
assistance (e.g. Legal Aid, Mediation, Counselling etc.)
Slide 17
Legal Aid & Advice Legal aid is available to applicants and
respondents for return applications and applicants for outgoing
return applications - only for obtaining a Court declaration. Legal
advice will only be available to those parties present in
Singapore. All applicants will be subjected to a means and merits
test by LAB
Slide 18
Interfaces with other agencies Child Protective Service
referral of child abuse concerns Criminal Records Office - if there
are allegations of domestic violence or criminal offences Family
Service Centres for counselling and social support Ministry of
Foreign Affairs provide assistance to cases that do not qualify as
Hague Convention cases
Slide 19
Cases since ICAA Since the enactment of the ICAA, SCA dealt
with 16 cases where the child was wrongfully removed from
Singapore. 6 dealt with by the courts 5 resolved voluntarily 5
cases were withdrawn by the applicants 14 cases where child was
wrongfully retained in Singapore 8 cases resolved by the courts 2
resolved voluntarily 4 cases were withdrawn by the applicants
19