Are you feeling lost and helpless because your spouse, whom you had followed to Singapore, decided to get a divorce? Being left with nothing but the children, the first thought that might come to your mind would definitely be “let’s return home”. In legal terms, such a move is known as “relocation”.
In Singapore, during or after a divorce, relocation needs Court’s approval. This is unless parties can agree on the relocation. To succeed in a relocation application, you need to at the very least show a comprehensive plan of your relocation. For example:
a. Where you and your child will be staying
b. Who will care for the child
c. Whether a place in school and place of residence has been secured for the child
d. Why a relocation is necessary and how it is in the best interests of the child
These examples are non-exhaustive and you are strongly encouraged to consult a lawyer.
Based on our research, the Court generally grants a relocation if:
a. Relocation is not a matter of choice
i. the children had learning disabilities and required special education support: TCI v TCJ [2015] SGFC 58
ii. the mother needed to accept the overseas job posting otherwise she would be made redundant in Singapore: UOG v UOH [2018] SGFC 76
iii. all reasonable attempts to remain in Singapore had been exhausted.
b. The family does not have any connection to Singapore
i. parties do not have roots in Singapore
ii. parties do not have permanent residence status in Singapore
c. Overseas education is beneficial for a child
i. the children have learning disabilities and need special education support: TCI v TCJ
[2015] SGFC 58
Notwithstanding the above, the Court’s main consideration is whether it would be in the best interests of the child to relocate. The Court also acknowledges that each case is unique and should be decided on its own facts.
If you are thinking of relocating, do consult our lawyers at +65 6970 8287 to understand if your relocation plans with the children would be in their best interests.
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