Suggest a correction

In the principal Act, in section 52 —

in the section heading, after “proceedings”, insert “in Singapore”;

in subsection (3)(c), replace “custody, care and control, access” with “custody of, care and control of, access to”;

in subsection (3)(d), replace “nullification” with “nullity”;

after subsection (3), insert —“(3A) In deciding in whose custody, or in whose care and control, a minor child should be placed for the purposes of an order under subsection (3)(c), the paramount consideration is to be the welfare of the minor child and subject to this, the Court is to have regard —

to the wishes of the parents of the minor child; and

to the wishes of the minor child, where he or she is of an age to express an independent opinion.”;

after subsection (5), insert —“(5A) Without limiting subsection (5) —

an order for custody under subsection (3)(c) may contain conditions as to the place where the minor child is to reside and as to the manner of his or her education; and

an order for care and control under subsection (3)(c) may contain conditions as to the place where the minor child is to reside.

Despite an order for custody, or an order for care and control, being in force, a person must not take the minor child who is the subject of the order out of Singapore, except with the written consent of both parents or the permission of the Court.

Subsection (5B) does not prevent —

the person given custody, or care and control, of the minor child; or

any other person who has the written consent of the person given custody, or care and control, of the minor child,from taking the minor child out of Singapore for a period shorter than one month.

The Court may, on the application of the father or mother of a minor child —

where any matrimonial proceedings are pending; or

where one parent has custody, or care and control, of the minor child to the exclusion of the other parent under any agreement, or order of the Court,do all or any of the following:

issue an order restraining the other parent from taking the minor child out of Singapore;

grant permission for the minor child to be taken out of Singapore either unconditionally or subject to any conditions or any undertaking that the Court thinks fit.

Subsection (5F) applies where one parent has custody, or care and control, of a minor child to the exclusion of the other parent under any order of the Court (called in this section a past CCC order) made before the date of commencement of section 18 of the Administration of Muslim Law (Amendment) Act 2026 (called in this section relevant commencement date).

On or after the relevant commencement date, the Court may review the past CCC order —

on the application of the father or mother of the minor child; or

in the course of any matrimonial proceedings before the Court and on the Court’s own motion,if the Court is of the opinion that the review is necessary for the welfare of the child.

Subsection (3A) applies to the review of the past CCC order under subsection (5F) as it applies to the making of an order under subsection (3)(c) and, subject to subsection (5H), the Court may do all or any of the following after the review:

impose any conditions as to the place where the minor child is to reside and (in a case of an order for custody) the manner of his or her education;

issue an order restraining the other parent from taking the minor child out of Singapore;

grant permission for the minor child to be taken out of Singapore either unconditionally or subject to any conditions or any undertaking that the Court thinks fit.

Where subsection (5F)(b) applies, the Court is not to exercise all or any of the powers under subsection (5G)(a), (b) or (c) unless the parents of the minor child have been given an opportunity to be heard.

To avoid doubt, where subsections (5E) and (5F) apply, subsections (5G) and (5H) (instead of section 43(2) and (3)) apply in relation to the Court’s powers in acting on its own motion.”;

in subsection (8)(m), replace “annulment of the marriage” with “nullity of marriage”; and

replace subsections (13) and (14) with —“(13) Any person who —

fails to comply with an order of the Court made under this section;

fails to comply with subsection (5B);

fails to comply with an order issued by the Court under subsection (5D)(c) or (5G)(b); or

takes a minor child out of Singapore in breach of any condition or undertaking mentioned in subsection (5D)(d) or (5G)(c),shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months.”.