In Singapore, the welfare and best interests of the child are paramount in determining child custody, care, and control during divorce proceedings. The Family Justice Courts aim to ensure that the child’s physical, emotional, and developmental needs are met.
Understanding the key terms
- Custody: Refers to the authority to make major decisions in a child’s life, including education, healthcare, and religion. Custody does not mean physical living arrangements or daily caregiving.
- Care and control: Refers to the parent with whom the child lives and who manages their day-to-day needs, such as schooling, meals, and discipline.
- Access: Refers to the time the non-custodial parent spends with the child, including visits, phone calls, and communication rights.
Types of custody orders
The Singapore courts may grant the following types of custody orders:
- Joint custody: Both parents retain decision-making authority on major matters. This encourages cooperation between parents for the child’s benefits and is the preferred route where both parents are deemed suitable caregivers.
- Sole custody: Only one parent has the authority to make major decisions. Typically granted if the other parent is deemed unfit (e.g., due to abuse or neglect).
- Split custody: Custody of different children is awarded to different parents. Rare and usually granted only in exceptional circumstances.
- Hybrid custody: A mix of sole and joint custody, where one parent has sole custody but consults the other parent on specific matters.
Factors considered by the Court
The court prioritises the child’s best interests when deciding custody, care, and control. Factors considered include:
- Child’s welfare: Emotional, physical, and educational needs.
- Parent-child relationship: The bond between the child and each parent.
- Stability: Ensuring minimal disruption to the child’s living and schooling arrangements.
- Parental fitness: Each parent’s ability to provide a safe, nurturing, and supportive environment.
- Child’s wishes: The court may consider the child’s preferences, especially if they are mature enough to express a reasoned opinion.
Care and control orders
Sole care and control
- The child lives primarily with one parent.
- The other parent typically receives access rights.
Shared care and control
- Both parents share caregiving responsibilities.
- Rarely granted, as frequent transitions can disrupt the child’s routine.
Access rights
Access is granted to the non-custodial parent to maintain their relationship with the child. Common access arrangements include:
- Regular visits (e.g., weekends, school holidays).
- Supervised access (if the child’s safety is a concern).
- Unsupervised access for general parenting time.
- Communication rights via calls or video chats.
Modification of orders
Child custody, care, and control orders are not permanent. Parents can apply for a variation of the original court order if there is a significant change in circumstances (e.g., relocation, remarriage, or concerns about the child’s welfare). You may wish to seek a lawyer in situations where you wish to vary the original court order.
In conclusion
In Singapore, child custody, care, and control arrangements are designed to prioritise the child’s best interests and not those of the parents. Whether through court orders or mutual agreements, the focus remains on providing a stable and supportive environment for the child’s growth and well-being.
The content of this article is for general information only – we encourage you to reach out to a lawyer if you require legal assistance to ensure the information is specific to your own situation.