Originating Application for Orders Under the International Child Abduction Act 2010
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For Originating Applications related to International Child Abduction Act 2010 (“the Act”) but not specifically related to section 8 or 14 applications, the filing process is similar to the filing of an Originating Application (Generic)”. In summary, the following sections in Step 1: Case Information will be applicable:
Party List
Application
Endorsements
Relief(s) Claimed and
Supporting Documents
For Originating Application for Orders under Section 8 or 14 of the Act, refer to the flowchart below.
(1) Case Information
Party List
Fig 1. Click on “Add Party”. You will need to add at least one party in order to proceed with the rest of the application.
Fig 1a. Enter all the mandatory information. Click “Save” when you are done.
Fig 1b. Specific to applications under section 8 or 14 of the Act: Enter the party’s relationship with the child in the party details page.
Application
This section will display different content, depending on the type of Originating Application you selected earlier.
For Originating Application for orders under Section 8 of the Act, proceed to Fig 2a.
For Originating Application for orders under Section 14 of the Act, proceed to Fig 2b.
Fig 2a. The Nature of Case is reflected.
Fig 2b. The Nature of Case is reflected.
Endorsements
Fig 3. Select the applicable type of Originating Application filing.
Child
Fig 4. Provide the following details of the child that this Originating Application will apply to:
NRIC/FIN/Passport Number
Name
Gender
Date of Birth
Age
Questionnaire
This section will display different content, depending on the type of Originating Application you selected earlier.
For Originating Applications for orders under Section 8 of the Act, proceed to Fig 5.
For Originating Applications for orders under Section 14 of the Act, proceed to Fig 6.
Section 8 of the Act
Fig 5. Select if the child is to be returned to his/her place of habitual residence and state the country of residence.
Fig 5a. Select if the child is to be handed over to the Applicant or a related party and state the deadline of the handover. Select if the child’s documents are to be handed over together (this appears if the sentence is selected).
Fig 5b. State the child documents that will also need to be handed over. If “Others” is selected, please provide details.
Fig 5c. Select if the Applicant wishes to include this prayer in his/her Application.
Section 14 of the Act
Fig 6. Declare if the removal or retention of the child from/outside Singapore was wrongful.
Fig 6a. Select if the Applicant wishes to include this prayer in his/her Application.
Relief(s) Claimed
Fig 7. Click on “Add Prayers” to provide details of any other reliefs that the Applicant is seeking.
Fig 7a. Provide the details of the reliefs sought in the textbox provided. If you would like to add another prayer, click on “Add Prayers” again.
Costs
Fig 8. Select the manner in which the costs of this summons the applying party is asking to be ordered.
If “Costs to be paid by” is selected, provide the name or party that will pay the costs.
If “Costs to be reserved to” is selected, state the event at which costs is to be decided.
If “Others” is selected, provide details of how the costs will be paid.
Supporting Documents
Fig 9. Click “Add Document” to add supporting documents to the Originating Application.
Fig 9a. Enter the number of “Other document” that you wish to add, and click “Add”.
Affidavit Deponent
Fig 10. Click on “Add Deponent”. You will need to add at least 1 deponent in order to proceed with the rest of the application.
Fig 10a. Select the party that you wish to add as a deponent. Upon selection, the party’s details will be displayed. Click “Add”.
If the person that you wish to add as a deponent is not listed, you can consider if he/she should be added as a Named Person to the case, or if he/she should be added solely for the sake of the affidavit. If the latter is true, select “Others” to add him/her to the deponent list (refer to Fig 10b).
Fig 10b. Provide the necessary details. Click “Add” when you are done.
Fig 11. Enter the necessary details.
Statement
Fig 12. State the child’s habitual residence immediately prior to the removal or retention of the child.
Fig 13. Select if the child is believed to have been wrongfully removed from or retained in a selected country, or both.
Fig 14. State who the child is currently residing with and the current place of residence.
Fig 15. State the reasons why the Applicant has rights of custody of the child.
Fig 16. State the date and details of the child’s wrongful removal or retainment.
For section 8 application, proceed to Fig 16a.
For section 14 application, proceed to Fig 17.
Fig 16a. State if the child has been removed or retained for more than 12 months. If “Yes” is selected, provide the reasons for the delay in the application. Proceed to Fig 17.
Proceedings
Fig 17. Indicate if there are any pending and/or concluded Court proceedings in Singapore or elsewhere relating to the child.
If “Yes” is selected, proceed to Fig 17a and 17b to enter details of local proceedings or Fig 17c and 17d for overseas proceedings.
If “No” is selected, proceed to Fig 18 (Summary of Claim).
Fig 17a. Click on “Add Local Proceedings” to include details of local proceedings.
Fig 17b. Specify the case number, status of the proceedings and relevant details about the proceedings. Click “Proceed” when you are done.
Fig 17c. For overseas proceedings, select the country in which Court proceedings are filed from the dropdown box. Click “Add Overseas Proceedings” to provide relevant details of the overseas proceedings.
Fig 17d. Provide details of the Case Number and the status of the overseas proceedings. Click “Proceed” when you are done.
Summary of Claim
Fig 18. Select the claims that the Filing Party is asking for.
If “the Court grants the application” is selected, proceed to Fig 19 (Affirmation).
If “the Courts dismisses the summons/application filed by” is selected, provide details of the filing party of the summons/application.
If “Others” is selected, provide details in the textbox provided.
Affirmation
Fig 19. State if the Filing Party swears to or affirms the document. Provide details of the date and place that this document was sworn / affirmed, especially if the document is to be digitally signed. Indicate if interpretation is required and if the document needs to be read audibly to the deponent.
Exhibits
Fig 20. Enter a prefix for the exhibits supporting this affidavit. The prefix should be the initials of the deponent’s name, e.g. TBH for Tan Beng Huat.
You may click the “Preview Affidavit” button to view a generated affidavit, based on the information entered thus far in the sections above in order to fill in the Reference in Affidavit to the exhibit field.
Fig 21. A list of documents will be reflected in the Exhibit Table. For each applicable document in the table, you will be required to upload a file to the system. Click “Choose File” to open a browser dialog box to select a file for uploading.
If you wish to attach additional documents to the table, click “Add Document”.
Fig 21a. Indicate the number of documents the deponent wishes to add and click “Add”.
Fig 22. If you are unable to provide any documents or wish to explain why a certain document cannot be provided, click “Add Document” at Table 2.
Fig 22a. Indicate the number of documents you wish to add and click “Add”.
(2) Forms
This section will display different content, depending on the type of Originating Application you selected earlier.
For Originating Applications for orders under Section 8 of the Act, refer to Figs 23 ‒ 23d.
For Originating Applications for orders under Section 14 of the Act, refer to Figs 24 ‒ 24d.
Section 8 of the Act
Fig 23a. You will be presented with the relevant eForms:
Originating Application for Orders under Section 8 of the International Child Abduction Act 2010
eAffidavit
Notice of Proceedings to Respondent (General) (if there is a responding party to the application)
Consent (General) (if this is a consent application).
Fig 23b. To initiate the signing process, click the “Confirm” button located at the bottom of all eForms.
Fig 23c. The row of the eForm will be updated with new buttons.
Click the “Finalise Document” button to start the signing process. The “Finalise Document” button will only be enabled after all eForms are confirmed and all documents to be uploaded in Step 2 have been uploaded.
Fig 23d. The row of the eForm will be updated with new buttons if the document requires a signature. You may choose either digital signing or offline signing.
You will be taken to the Document Signing Service (“DSS”) portal.
Please refer to "eLitigation FAQ > Document Signing Service (DSS) Guide for eLitigation Users > How do I request signatures with DSS?" for a step-by-step guide on how to sign your documents with DSS. > Document Signing Service (DSS) Guide for eLitigation Users > How do I request signatures with DSS?" for a step-by-step guide on how to sign your documents with DSS.
DSS will pre-populate the list of signers based on the details in the Case Information section. Do check that the list of signers is correct before proceeding. You can add or remove the signers, if necessary.
The eForm in Step 2 will automatically be made available in DSS for online signing.
Section 14 of the Act
Fig 24a. You will be presented with the relevant eForms:
Originating Application for Orders under Section 14 of the International Child Abduction Act 2010
eAffidavit
Notice of Proceedings to Respondent (General) (if there is a responding party to the application)
Consent (General) (if this is a consent application).
Fig 24b. To initiate the signing process, click the “Confirm” button located at the bottom of all eForms.
Fig 24c. The row of the eForm will be updated with new buttons.
Click the “Finalise Document” button to start the signing process. The “Finalise Document” button will only be enabled after all eForms are confirmed and all documents to be uploaded in Step 2 have been uploaded.
Fig 24d. The row of the eForm will be updated with new buttons if the document requires a signature. You may choose either digital signing or offline signing.
You will be taken to the Document Signing Service (“DSS”) portal.
Please refer to "eLitigation FAQ > Document Signing Service (DSS) Guide for eLitigation Users > How do I request signatures with DSS?" for a step-by-step guide on how to sign your documents with DSS." for a step-by-step guide on how to sign your documents with DSS.
DSS will pre-populate the list of signers based on the details in the Case Information section. Do check that the list of signers is correct before proceeding. You can add or remove the signers, if necessary.
The eForm in Step 2 will automatically be made available in DSS for online signing.
Fig 25. A new row will be displayed.
Upon successfully completing the signing procedure (regardless of which method was chosen) or if none of the documents require a signature, the “Next” button should be enabled. Click on the “Next” button to proceed to Step 3: Admin Details.
(3) Admin Details
Fig 26. In Step 3: Admin Details, indicate any urgent processing, special request or waiver required. You can also opt to eServe the documents to another law firm.
(4) Submission
Fig 27. In Step 4: Submission, review all information and documents before submission. Upon acceptance / approval by Court, the documents will be sent to your eLitigation inbox.
Fig 9b. Enter the title of the document. Click “Choose File” to select the file from the browser dialog box. Click the icon to upload the document.
If any of the listed document is not applicable, click on the button to delete that row.
If there is a document which is applicable, but you are unable to provide at the time of filing, click on the button to delete that row. You will be required to explain the reasons for the lack of documents in Table 2, as shown in Fig 22.
Fig 21b. The line entries for exhibits will generate based on the deponent’s input on the number of documents to add. Indicate the title of the document and the paragraph reference to the affidavit (using the preview of the generated affidavit). The deponent will be required to upload a file for each document listed in the table. Click “Choose File” to open a browser dialog box to select a file, and click the icon to upload the document.
Fig 22b. Indicate the name of document not provided and the reasons for lack of document, or details of alternative document provided. If you are unable to provide any details or wish to delete any line entry, click on the button to delete the document’s row.
Fig 23. Click on the icon to view the relevant eForm. The eForm will be generated based on the details provided in the Case Information section. If you would like to file other supporting documents to the case, click “Add Document”.
To change the information in the generated form, click “Previous” to return to the Case Information section and amend the information first. Then click the button in Step 2 to generate a new form with the updated details. Then click the “Confirm” button located at the bottom of the eForm.
To start digital signing, click the button .
To start offline signing, click the button to download the document and proceed to Fig 25.
Fig 24. Click on the icon to view the relevant eForm. The eForm will be generated based on the details provided in the Case Information section. If you would like to file other supporting documents to the case, click “Add Document”.
To change the information in the generated form, click “Previous” to return to the Case Information section and amend the information first. Then click the button in Step 2 to generate a new form with the updated details. Then click the “Confirm” button located at the bottom of the eForm.
To start digital signing, click the button .
To start offline signing, click the button to download the document and proceed to Fig 25.
You will no longer be able to make changes to the data in the form. If you wish to make changes to the data, click the “Cancel Finalised Document” button. All previously signed documents will be removed from Step 2. Return to Step 1 to make changes to the data and then return to Step 2 and click to regenerate the eForms based on the updated data. You will be required to confirm all the eForms again to activate the “Finalise Documents” button again.
If you wish to retract the offline signing, click on the icon.
Click the button to upload the manually signed copy.