Towards the Best Interests of the Child in Cross- Border Situations - Singapore’s 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

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

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

CONTRACTING STATES Contracting States to date 93 Contracting States that accepted Singapore’s accession to the HCCAICA. 36 Gazetted

Legal Framework for Cross-border Abduction Countries which have accepted Singapore’s accession International Child Abduction Act (ICAA) For non Contracting States and States which have not accepted Singapore’s accession Guardianship of Infants Act (GIA) 5

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

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

All matters will be dealt with in the Family Justice Courts in the first instance 8

Non Convention Cases Guardianship of Infants Act Welfare and best interest of the child is of paramount importance Court considers all circumstances, including: – Child’s habitual residence – Wishes of the parents – Wishes of child if of age to express independent opinion – Welfare: taken in its widest sense 9

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

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

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

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

14 SINGAPORE CENTRAL AUTHORITY AND OTHER AGENCIES

SCA BACKGROUND  The 1980 Hague Convention entered into force for Singapore on 1 March  Ministry of Social and Family Development is designated as the Central Authority in Singapore.

SCA’s 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.)

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

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

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

The End Thank you for your attention 20