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About the project
The Singapore Academy of Law’s Law Reform Committee considered whether Singapore should accede to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children 1996. The Convention seeks to resolve challenges raised by cross-border family disputes by addressing the law in the following four areas:
(a) Jurisdiction. Under the 1996 Convention, the State of the child’s habitual residence (if it is a Contracting State), will ordinarily have pre-eminent jurisdiction to deal with cases relating to the child’s welfare. There are also other bases for jurisdiction for urgent measures or where another State may be better placed to deal with the child for defined reasons.
(b) Choice of law. A State applies its own domestic law when it exercises jurisdiction under the 1996 Convention. However, if the State has to address a specific issue relating to the determination or termination of the scope of parental responsibility, it will apply the law of the child’s habitual residence.
(c) Recognition and enforcement of orders. Orders made by a State exercising jurisdiction under the 1996 Convention will be automatically recognised or enforceable in other Contracting States.Recognition and enforcement may only be refused in limited circumstances.
(d) Co-operation. The 1996 Convention provides means for Contracting States to work with each other to achieve its objectives. Requests for co-operation and information in respect of children in
The Committee recommended that Singapore should consider acceding to the 1996 Hague Convention. Among other things, it felt that the Convention increases clarity and certainty as to the pre-eminent
Project status: Completed
Areas of law
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