What is a happy and festive occasion for some people, can be a very stressful period for another. Our firm often receives an influx of enquiries involving disputes between parents on whether they can travel with their children during the year-end school holidays and the festive season over the Christmas, New Year and Lunar New Year.
Parents may receive last-minute requests from their spouse/ex-spouses to travel with their children, which they might not always agree to, for many reasons. In such situation, questions around what constitutes consent, reasonable notice, each parent’s rights and obligations are, and the type of remedial/precautionary steps a parent can take to guard against any safety concerns or unauthorized travel.
These situations commonly arise during separation, divorce or when the relationship between parents are tense. There are various mechanisms in Singapore that parties can explore to address such concerns, particularly where a child’s stability or return to Singapore may be at risk.
Can my spouse/ex-spouse take my Child out of the house without my permission?
Where there is no court order governing the custody, care and control, access and habitual residence of the children in place, both parents generally have an equal right to make decisions and spend time with the children, whether in Singapore or elsewhere.
However, this does not give a parent unrestricted freedom to:
- Remove a child from their home, schools and country of residence
- Remove a child for a prolonged period of time, thus causing disruption to their routines
- Interfere with the other parent’s time or involvement in a child’s life
- Relocate the child to another country, without the other parent’s consent
If there is a court order dealing with the custody, care and control, access and residence of the children, acting in breach of the order can have legal consequences.
Read more What if my Spouse Takes my Child to another Country Without My Permission?
Is my spouse/ex-spouse allowed to take my Child out of Singapore without my knowledge or consent?
In most cases, it is good practice to consult your co-parent before a child is taken out of Singapore, especially where:
- Divorce or separation proceedings are ongoing
- There is an existing custody, care and control, or access order
- The purported travel affects the other parent’s scheduled time with the child
Unilateral overseas travel may be problematic where there are concerns that:
- The child may not be returned to their habitual residence or the care of the care and control parent
- The travelling parent is seeking to relocate the child to another country, without the non-travelling parent’s prior knowledge and consent
- There are real and valid concerns about the safety of the travel
The non-travelling parent is entitled to raise objections and seek orders regarding the child’s travel.
Read more: What to do if your Child is Wrongfully Relocated
What can I do if I do not agree to overseas travel?
If you do not agree to your spouse or ex-spouse taking your child overseas, it is important to act promptly.
Depending on the circumstances, you may consider:
- Seeking legal advice as soon as concerns arise
- Requesting detailed information about the travel from the travelling parent
- Applying to court for directions or orders
- Applying for an urgent injunction and stop order to prevent the child from leaving Singapore
Delay can make matters more difficult, particularly where travel dates are approaching.
Can I apply to the Court to stop my Child from leaving Singapore?
Yes. If you have genuine concerns that your spouse/ex-spouse may remove your child, relocate the child from Singapore or that your child will be in danger, you may apply to the Family Justice Court for an injunction and a stop order to prevent the child from leaving Singapore, unless certain conditions are met (e.g. your permission is sought or a court order allowing the travel is provided).
This is commonly referred to as a travel injunction or a stop order.
Such an application may be appropriate where:
- You do not consent to the overseas travel
- There is a risk the child may not be returned to Singapore
- There is a risk that the travelling parent is seeking to relocate the child to another country, without the non-travelling parent’s prior knowledge and consent
- The travelling parent is not forthcoming about the details of the travel
- There are safety concerns
Where necessary, the application can be made on an urgent or expedited basis, particularly if travel is imminent. The court will assess whether the injunction is necessary to protect the child’s welfare and to preserve existing care and access arrangements while matters are being resolved.
In such situations, you may be required to provide an undertaking to bear any costs that may be incurred by the travelling parent, if the trip is cancelled, as a result of the urgent application.
What is a travel injunction?
A travel injunction is a court order that restrains a parent from removing a child from Singapore, unless the other parent consents or there is a court order allowing the travel.
Such orders are often sought:
- During divorce or separation proceedings
- As a temporary protective measure
- To maintain stability while parenting issues are being resolved
When any decisions are being made in relation to a child, the paramount consideration is always the best interests and welfare to the children. In doing so, parents are expected to consider all relevant circumstances and how any courses of action may affect the children.
Can the Court make orders regarding who should hold my Child’s passport?
Yes. In appropriate cases, the court may order that:
- The child’s passport and other travel documents be left with one parent
- The child’s passport and other travel documents be returned to the other parent
- A parent be restrained from applying for any additional/temporary passports for the child
- The child’s passport and other travel documents be left with a third-party for safekeeping and that the child’s passport cannot be released to either parent, without both party’s consent
These orders are often made together with a travel injunction to provide clarity and prevent misunderstandings.
Can I keep my Child’s passport away from my spouse/ex-spouse?
Many parents ask whether they can retain the child’s passport themselves to prevent the other parent from leaving Singapore with the child.
When there are no orders stating who should keep the child’s passports, both parents have an equal right to retain the child’s passports. However, unilaterally keeping the child’s passport away from the other parent may escalate conflict or lead to further disputes.
A clearer and safer approach is to apply to the Court for orders or directions for who should keep the child’s passport, especially when the relationship and trust between parents has broken down. Such orders or directions can provide much-needed certainty and assurance for parents.
What If travel plans/arrangements have already been made?
If you only find out about the purported travel plans or the child has already left Singapore, you can still apply to the Family Justice Court for further orders or directions.
The court may consider:
- The purpose, duration, destination and itinerary of the travel
- Whether proper notice was given
- Whether there is a flight risk
- Whether there are safety concerns
- Whether the travel affects the child’s routine and stability
- Whether the travel impinges on the other parent’s time and access with the child
The Court will look at all relevant circumstances and may make orders for the return of the child or for future safeguards to be put in place, to prevent future disputes and unilateral travel.
How Singapore Courts approach disputes regarding travel
Singapore courts do not automatically assume that overseas travel is harmful or not in the children’s best interests and welfare. If anything, the Court has previously found that appropriate and safe overseas travel is becoming increasingly common, that it is good for children to travel with their parents so that they can be exposed to the rest of the world and that overseas travel can improve the child’s relationship with the travelling parent.
However, the Courts will consider the following circumstances before making any orders:
- There are safety concerns
- There is a genuine risk of wrongful abduction / non-return of the child
- The travel results in the non-travelling parent having significantly lesser time with the child
- The travel has an adverse impact on the non-travelling parent’s relationship with the child
- The travelling parent is seeking to relocate the child, without the other parent’s consent
Commonly Asked Questions During School and Christmas Holidays
Can I stop my ex-spouse from taking my child overseas?
Yes, where there are legitimate concerns. You can apply to the Court for a travel injunction, a stop order or orders governing the child’s travel.
Does my consent matter if there is joint custody?
Yes. Joint custody generally requires both parents to consult each other and make any important long-term decisions for the child together, including decisions around the child’s habitual residence.
What if my spouse says it is “just a holiday”?
The Court will consider whether the travelling parent is a flight risk, there is a risk of non-return or if there are safety concerns.
When consulting a lawyer and obtaining legal advice early makes a difference
Travel disputes involving children are often time-sensitive and emotionally charged, particularly during holiday periods. Consulting a lawyer and obtaining independent legal advice early allows parents to understand their position clearly and take measured steps, rather than reacting under pressure.
If you are concerned that your spouse/ex-spouse may take your child out of Singapore without your agreement, or if overseas travel plans have already been made and you are unsure where you stand, it is important to seek advice early.
GJC Law regularly handles child travel disputes, travel injunctions, and urgent Family Court applications. Our approach focuses on protecting children’s stability while helping parents make informed and steady decisions during uncertain times.
We’re here for you
We have a dedicated family law team ready to listen,
understand your situation, and advise you on:
- Child Custody & Maintenance issues;
- Access Arrangements;
- Parenting Plans;
- Relocation issues.
