International Child Abduction Bill

Bill No. 22/2010

Read the first time on 16th August 2010.

An Act to give effect to the Convention on the Civil Aspects of International Child Abduction and for matters connected therewith, and to make consequential amendments to the Legal Aid and Advice Act (Chapter 160 of the 1996 Revised Edition) and the Legal Profession Act (Chapter 161 of the 2009 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART I

PRELIMINARY

Short title and commencement

1. This Act may be cited as the International Child Abduction Act 2010 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“Convention” means the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25th October 1980;

“Court” means the High Court or a Judge thereof;

“Minister” means —

(a)	except as provided in paragraph (b), the Minister charged with the responsibility for child welfare and protection; and
(b)	for the purposes of Part IV, the Minister charged with the responsibility for legal aid.

(2) Unless the contrary intention appears, words and expressions used in this Act have the same meanings as in the provisions of the Convention set out in the Schedule.

Certain provisions of Convention to have force of law

3. Notwithstanding any written law or rule of law but subject to the provisions of Parts I to V, the provisions of the Convention as set out in the Schedule shall have the force of law in Singapore.

Contracting States

4.—(1) For the purposes of the Convention, the Contracting States (other than Singapore) shall be those for the time being specified by the Minister by an order published in the Gazette.

(2) An order under subsection (1) shall specify the date of coming into force of the Convention as between Singapore and any Contracting State specified in the order, and, except where the order otherwise provides, the Convention shall apply as between Singapore and that Contracting State only in relation to —

(a)	wrongful removals or retentions of children; or
(b)	breaches of access rights to children,

occurring on or after that date.

(3) Where the Convention applies, or applies only, to a particular territory specified in a declaration made by a Contracting State under Article 39 or 40 of the Convention, references to that Contracting State in subsections (1) and (2) shall be construed as references to that territory.

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