Women’s Charter 1961 - Singapore Statutes Online

Orders subject to conditions

126.—(1) An order for custody may be made subject to such conditions as the court may think fit to impose and, subject to such conditions (if any) as may from time to time apply, entitles the person given custody to decide all questions relating to the upbringing and education of the child.

(2) Without limiting subsection (1), an order for custody may —

(a)	contain conditions as to the place where the child is to reside, as to the manner of his or her education and as to the religion in which he or she is to be brought up;
(b)	provide for the child to be temporarily in the care and control of some person other than the person given custody;
(c)	provide for the child to visit a parent deprived of custody, or any member of the family of a parent who is dead or has been deprived of custody, at such times and for such periods as the court may consider reasonable;
(d)	give a parent deprived of custody or any member of the family of a parent who is dead or has been deprived of custody the right of access to the child at such times and with such frequency as the court may consider reasonable; or
(e)	prohibit the person given custody from taking the child out of Singapore.

(2A) An order for the care and control of a child may be made subject to such conditions as the court may think fit to impose.

[7/2016]

(2B) Without limiting subsection (2A), an order for the care and control of a child may —

(a)	contain conditions as to the place where the child is to reside;
(b)	provide for the child to visit a parent who does not have custody or care and control of the child, or any member of the family of a parent who is dead or does not have custody or care and control of the child, at such times and for such periods as the court may consider reasonable;
(c)	give a parent who does not have custody or care and control of the child, or any member of the family of a parent who is dead or does not have custody or care and control of the child, the right of access to the child at such times and with such frequency as the court may consider reasonable; or
(d)	prohibit the person given care and control of the child from taking the child out of Singapore. [7/2016]

(3) Despite subsections (1) and (2A), where an order for custody, or an order for care and control, is in force, a person must not take the child who is the subject of the order out of Singapore, except with the written consent of both parents or the leave of the court.

[7/2016]

(4) Subsection (3) does not prevent the taking out of Singapore for a period of less than one month of the child by the person given custody, or care and control, of the child or by any other person who has the written consent of the person given custody, or care and control, of the child to take the child out of Singapore.

[7/2016]

(5) Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Power of court to restrain taking of child out of Singapore

131.—(1) The court may, on the application of the father or mother of a child —

(a)	where any matrimonial proceedings are pending; or
(b)	where, under any agreement or order of court, one parent has custody, or care and control, of the child to the exclusion of the other,

issue an injunction restraining the other parent from taking the child out of Singapore or may give leave for such child to be taken out of Singapore either unconditionally or subject to such conditions or such undertaking as the court may think fit.

[7/2016]

(2) The court may, on the application of any interested person, issue an injunction restraining any person, other than a person having custody, or care and control, of a child, from taking the child out of Singapore.

[7/2016]

Search within Legislation