Share this:
After a divorce, life often changes significantly for both parents and children. In Singapore, one common issue that arises post-divorce is the desire or need for a parent to relocate overseas. The reason could be a new job, remarriage, returning to a family support network, or pursuing new opportunities. However, when a child is involved, such moves are not as simple. Singapore’s legal framework is designed to protect the child’s well-being and to ensure that both parents continue to play an active role in the child’s upbringing. As such, relocating with a child after divorce is subject to legal restrictions and judicial oversight.
Under section 126 of the Women’s Charter 1961, although parents have Custody of a child/children, the parent who has Care and Control of the child/children cannot remove them from Singapore for more than one month without the written consent of the other parent, or an Order of Court.
If the non-relocating parent consents to the relocation, the relocating parent will need their written consent before proceeding. Issues arise when the non-relocating parent does not consent to the relocation. The relocating parent will then have to file an application for relocation to the Family Justice Courts.
When an application for relocation is made, the Family Justice Courts take a child-centric approach. The guiding principle is always the welfare of the child and not the desires of either parent. The court carefully considers how the proposed move would affect the child’s development and relationships. The court typically evaluates the following factors:
Courts do not automatically grant relocation requests, even when the reasons seem valid. If relocation would severely undermine the relationship between the child and the other parent, or if access cannot realistically be preserved, the application may be denied. As every case in unique, the courts will not force every case into a specific category to determine the outcome. The courts will undertake a fact-centric exercise as reaffirmed in the case of UYK v UYJ [2020] SGHCF 9. The court emphasized that relocation decisions must be tailored to the unique facts and dynamics of each family.
If relocation is permitted, the court typically includes conditions to preserve the non-custodial parent’s access rights. These conditions vary based on the child’s age, the destination country, school schedules, and the parents’ ability to cooperate.
Cooperation between both parents is key to making such arrangements work. Even after divorce, successful co-parenting across borders relies on mutual respect, open communication, and a shared commitment to the child’s best interests. To achieve this, the courts will always recommend mediation and counselling between the parents and the children before giving an order. This is to ensure that family conflicts are resolved peacefully without the need for litigation.
If the court denies a relocation request, the parent must make a difficult choice to stay in Singapore in order to retain care and control or relinquish daily care to the other parent and relocate alone.
Relocation is a major decision that should be approached with care, planning, and legal guidance. Parents considering moving overseas should be mindful of their children’s needs before applying for a relocation order. Given the complexities involved, parents are strongly encouraged to seek legal advice and consider mediation to explore child-focused solutions.
If you require any advice for any relocation applications, you may contact our team:
