Family Justice Courts Practice Directions

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Part X – International Child Abduction Act

44. Proceedings under the International Child Abduction Act (Cap. 143C)

(1) All documents relating to proceedings under the ICAA which are to be heard and determined by the Family Justice Courts shall be filed at the Family Justice Courts Registry.

(2) All processes to commence proceedings under the ICAA on or after 1 October 2014 shall be filed at registry of Family Justice Courts and shall bear the title “In the Family Justice Courts of the Republic of Singapore”.

(3) An originating summons to commence proceedings under section 8 of the ICAA in the Family Justice Courts shall be in Form 213 in Appendix A to these Practice Directions.

(4) An originating summons to commence proceedings under section 14 of the ICAA in the Family Justice Courts shall be in Form 214 in Appendix A to these Practice Directions.

(5) The plaintiff’s or applicant’s affidavit in support of the originating summons under both section 8 (Form 215 in Appendix A to these Practice Directions) and section 14 (Form 216 in Appendix A to these Practice Directions) shall bear the title “In the Family Justice Courts of the Republic of Singapore”.

(6) All subsequent applications and documents in or ancillary to proceedings under the ICAA shall be filed at the sub-registry of the Family Justice Courts and shall bear the title “In the Family Justice Courts of the Republic of Singapore”.

(7) All applications and supporting documents to vary any order of the Family Justice Courts in proceedings under the ICAA shall be filed at the Family Justice Courts Registry and shall bear the title “In the Family Justice Courts of the Republic of Singapore”.

Service of application on named defendants

(8) Rule 168 of the Family Justice Rules requires the plaintiff to serve the application, together with each affidavit or other document filed in support of the application, on each person named as a defendant in the proceedings.

(9) Service on a named defendant shall be by way of personal service, unless directed otherwise by the Court.

The plaintiff’s supporting affidavit

(10) The affidavit to be filed by the plaintiff or applicant in support of an application under section 8 of the ICAA shall be in Form 215 in Appendix A to these Practice Directions.

(11) The affidavit to be filed by the plaintiff or applicant in support of an application under section 14 of the ICAA shall be in Form 216 in Appendix A to these Practice Directions.

Applications subsequent to the filing of the originating summons in proceedings under the ICAA

(12) All applications subsequent to the filing of the originating summons in any ICAA proceedings shall be made by way of Summons in Form 4 in Appendix A to these Practice Directions.

Form of Order of Court

(13) An order of Court in any ICAA proceedings shall be in Form 32 in Appendix A to these Practice Directions and shall be signed by the Registrar.

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