Given that many Singaporeans now marry foreigners, and that there are more foreigners in Singapore, the issue of “relocating with child after divorce Singapore” arises pretty often.
Normally, all related divorce issues (maintenance, assets and children’s custody) will be resolved as part of the divorce process Singapore.
However, should one parent is thinking about relocating with child after divorce Singapore, a separate application needs to be submitted. This is known as a summons application, which is filed together with an affidavit (sworn statement of the applicant) informing the Court about his/ her reasons and grounds for relocating with child after divorce Singapore. The other party has the right to file a reply affidavit, informing the Court about his/ her reasons for objecting to the applicant’s application for relocating with child after divorce Singapore. The application will be heard at the final divorce hearing, known as the ancillary matters hearing.
Parties should also be aware that there have been cases where one spouse brings the child out of Singapore unilaterally with no intention to return.
Case of Leonard Glenn Francis
Francis is allegedly involved in a major corruption scandal involving US Navy personnel.
According to Ms Morena Galvizo De Jesus, Francis’ partner for 5 years, Francis took away their children in 2009 when they were aged 1 and 2. Since then, De Jesus has not seen her children. She has spent the last 7 years and all her money to search for the children.
The children’s whereabouts are unknown until today.
The Philippine Regional Trial Court has granted De Jesus the custody of her 2 children in 2011.
De Jesus has also filed court proceedings with the Singapore Family Justice Courts, which declared the custody order De Jesus be given full recognition and effect. Despite this, Francis who was arrested in 2013 in the US refused to disclose the whereabouts of the children.
See: Tan Tam Mei, “First corruption, now abduction in custody spat?”, The Straits Times, 9 April 2017
If you have strong reasons to suspect that your spouse may be thinking about leaving Singapore with your children permanently, you may wish to speak to us to find out about what you can do.
For more information on the issue of “relocating with child after divorce Singapore”, contact us today!
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5. Maintenance Issues (Alimony)