Mr Speaker, Sir, I beg to move, “That the Bill be now read a Second time”.
Introduction
Sir, this Bill, when passed, will give effect to the Convention on the Civil Aspects of International Child Abduction. The Convention seeks to protect the best interests of children from the undesirable effects of trans-border parental abduction and retention by providing an avenue for their prompt return and resolution of trans-border custodial disputes.
Under the Convention, Contracting States agree to return a child who has been wrongfully removed to or retained in any Contracting State, for an orderly determination by the Courts of the child’s habitual residence on the rights of custody and access. For the Convention to apply, both countries have to be contracting states. There are 82 Contracting States at present.
Singapore is an open and globalised state. More Singaporeans are studying, working and living abroad and likewise many foreigners are working and taking up residence in Singapore. It is not surprising that there is an increasing trend of Singaporeans marrying foreigners, either locally or abroad. The proportion of marriages between Singapore Citizens and non-citizens has increased from 30.7% in 1999 to 40.8% in 2009. Given these trends, we can expect an increase likelihood of trans-border custodial disputes. There are benefits for Singapore to accede to the Convention, in particular for the welfare and interest of children born and living in Singapore. This legal framework will allow us to secure the cooperation of other Contracting States for the return of these children to Singapore.
At present, Singapore allows for applications to the Courts for orders and directions relating to custody, care and control, and access of the child when there is a marital dispute. However these proceedings often involve protracted and expensive legal battles.
Acceding to the Convention will put in place the necessary mechanisms for the expeditious return of the child to the appropriate Court which will determine issues relating to the custody and welfare of the child. This is in line with Singapore’s commitment to protect the best interests of the child involved.
My Ministry has worked with relevant agencies, including the Courts and Legal Aid Bureau, to operationalise the Convention. We have also consulted various stakeholders including lawyers, legal academics and women’s groups on the draft Bill.
Sir, allow me to describe the key provisions in this Bill.
Singapore Central Authority
Sir, one of the key features of the Convention is that a Central Authority must be established in each Contracting State. This is provided for under Clause 5 of the Bill. My Ministry will be appointed as the Singapore Central Authority or the SCA for short. The SCA will be operational by 2011once the Convention enters into force.
The SCA’s key role is to provide information on and facilitate matters relating to the application for the return of a child and to work with other Central Authorities on such applications.
The SCA will advise and assist the parent remaining in Singapore to make an application to the Central Authority of the other Contracting State where a child has been wrongfully removed to or retained in. The SCA will monitor the progress of these applications. Under the Convention, the overseas Central Authority is obliged to facilitate the return of the child, the discovery of the whereabouts of the child, and the care and protection of the child. Similarly, parent remaining in the other Contracting State may apply to the SCA for its assistance to facilitate the discovery and voluntary return of the child, and where necessary, for the care and protection of the child.
Apart from providing for the application of the return of a child, the SCA will, as far as possible, also assist in facilitating access to the child upon request by the parent whose access rights were breached.
Applications to Court under the Convention
Sir, I shall now describe the provisions pertaining to applications to the Court for the return of a child under the Convention. The Convention stipulates that the judicial authorities are to order the return of the child to the country of habitual residence if the Court found that the child was wrongfully removed or retained. Sir, the Bill provides for the Courts to act in accordance to the Convention.
All applications for the return of a child or access to a child under the Convention will be made to and heard by the Family Court. Clause 8 provides for this. The applicant may be the person whose rights of custody have been breached or any other person appearing to the Court to have sufficient interest in the matter.
Custody rights will be determined by the child’s country of habitual residence, upon his or her return. This is based on the principle that the courts in the child's country of habitual residence are best able to make decisions on the interests of the child. Clause 13 of the Bill thus provides for the stay of any decision on merits of rights of custody, care and control or access upon an application being filed to the Court.
The Convention recognises the need to protect children and take into account circumstances where the child should not be returned to his country of habitual residence. These circumstances include situations where firstly, there might be grave risk that the return would expose the child to physical or psychological harm; secondly, the person having the care of the child was not actually exercising the custody rights at the time of removal or retention; thirdly, if the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of his or her views; and fourthly, where fundamental principles relating to the protection of human rights and fundamental freedoms are in question. In these scenarios, the Court has the discretion not to order the return of the child. Clause 12 of the Bill thus allows the Court to receive advice from persons who are trained or experienced in matters relevant to the applications, when considering the return of children.
Where the child has been ordered to be returned, Clause 8 of the Bill empowers the Court to impose conditions or require undertakings before the child can be taken out of Singapore. In addition, for the purpose of securing the welfare of the child, Clause 10 of the Bill empowers the Court to make interim orders or give interim directions for the care and control or access to the child before the determination of the return of the child.
Sir, the Convention also requires Singapore to provide legal aid and advice to applicants who are Citizens or habitually resident in a country which is party to the Convention. This has been provided for in Clause 17 of the Bill. Applicants applying for legal aid and advice under the Convention have to fulfil the means and merits test required by the Legal Aid Bureau. In addition, the Legal Aid and Advice Act and the Legal Profession Act will be amended accordingly.
Conclusion
Sir, with the increase in cross-border marriages, this Bill will help deter and resolve wrongful child removal and retention resulting from the possible breakdown of some of these marriages.
Sir, in conclusion, I would like to reiterate that in implementing the Convention, Singapore will facilitate the judicial or administrative proceedings necessary for the prompt return of the child. The paramount guiding principle is to protect the best interests of the child.
Sir, I beg to move.