Can one object to a child’s return to Singapore under the Hague Convention on the Civil Aspects of Child Abduction?

Question

Accepted Answer

Under the Convention, the taking parent may oppose the child’s return on the any of following grounds:

*   the child is aged 16 or above
*   the child has been outside Singapore for over 12 months and is settled in his or her new environment
*   the child was not habitually resident in Singapore at the time of the removal or retention
*   the applicant in Singapore did not have rights of custody for the child
*   the applicant in Singapore was not exercising rights of custody for the child at the time of the removal
*   the applicant gave prior consent to the permanent removal or retention of the child or subsequently acquiesced to the removal or retention of the child
*   the child would be exposed to a grave risk of physical harm, psychological harm or some other intolerable situation if returned to the Contracting State
*   the child objects to being returned and is of an age and a level of maturity to justify his or her views being taken into account
*   the child's return would be a breach of its fundamental freedoms and human rights

The applicant may be asked to give evidence to counter any claims made by the taking parent overseas on any of the above defences.

Can one object to a child’s return to Singapore under the Hague Convention on the Civil Aspects of Child Abduction?

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Related questions

If the taking parent decides to remain in the foreign country, how will arrangements be made for the child's return?

What steps can be taken to prevent the taking parent from taking the child out of Singapore?

What requirements do I have to meet to apply for the return of my child from another Contracting State?

Does the Convention apply if an application is made between Singapore and a non-signatory country to either return a child or exercise rights of access?

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