During divorce, child custody is one of the issues that many parents grapple with.
When parents part ways, it becomes necessary to determine the best arrangement for the children involved, considering their best interests, and ensuring their physical and emotional welfare.
To start off, a ‘child’ of marriage is defined in the Women’s Charter, as a child who is under 21 years of age. Custody refers to the parent who has legal decision-making authority in the life of a child.
What’s on this page
Key Points
- Care & Control refers to the parent with whom the child lives with on a day-to-day basis
- Sole Custody refers to the exclusive right / discretion by one parent to make big decisions relating to the child(ren)
- Joint Custody refers to both parents having to make big decisions relating to the child(ren) together
Child Custody
Child custody in Singapore refers to the rights and responsibilities parents have with regard to the care and decision-making for their child or children.
It determines which parent(s) will have the authority to make significant decisions regarding the child’s welfare, education, religion, and health.
With different types of custody strategies available, such as joint custody, sole custody, and shared-care arrangements; Singapore family law operates on the best interests of the child principle – that the decisions regarding a child must be made with the child’s best interests as paramount consideration.
Care and Control
In child custody matters, the term “Care and Control” refers to the practical, daily oversight and nurturing of the child. The parent granted care and control is essentially the one who takes care of the child’s everyday needs and routines.
This involves:
- Overseeing daily activities such as meals, bedtime, and homework.
- Managing the child’s schooling requirements like attending parent-teacher meetings, ensuring punctuality, and overseeing academic progress.
- Making immediate or urgent decisions concerning the child, for instance, in medical emergencies.
- Ensuring the child’s emotional well-being and offering day-to-day emotional support.
Access
“Access” refers to the time and conditions under which the non-custodial parent can spend with their child. It ensures that the child maintains a relationship with both parents, irrespective of the custodial arrangement.
Here’s a more detailed exploration:
Nature of Access
Access can be determined in various ways:
Court-Ordered Access
: In contentious situations, the court will define specific terms of access, detailing the frequency, duration, and conditions under which the non-custodial parent can see the child.
Mutual Agreement
: In amicable separations, parents might decide on access terms among themselves, without the court’s intervention.
Types of Access
Liberal Access
: This offers the non-custodial parent significant flexibility in terms of time spent with the child, often without stringent restrictions.
Reasonable Access
: Here, no specific schedule is set, but parents are expected to reasonably agree on times and conditions that serve the child’s best interests.
Supervised (or Accompanied) Access
: This type of access occurs under the watch of a designated third party or within a supervised setting. It’s typically ordered when there are concerns about the child’s safety or well-being with the non-custodial parent, possibly due to issues like domestic violence, substance abuse, or potential abduction risks.
Common Access Periods
While the access schedule can vary based on individual circumstances, typical periods include:
Weekdays
: Specific weekdays or evenings.
Weekends
: Every weekend, alternate weekends, or specific days.
Public and School Holidays
: Shared or alternate holidays.
Special Occasions
: Birthdays, Mother’s Day, Father’s Day, and other significant family events.
Types of Custody orders
Sole Custody
When a parent is granted sole custody, it implies that they have the exclusive authority to make significant decisions pertaining to the child’s life. This encompasses areas such as:
Education
: Decisions related to schooling, special educational needs, and choice of curricular and extracurricular activities.
Healthcare
: Choices regarding medical treatments, surgeries, and health-related interventions.
Religious Upbringing
: Decisions concerning the child’s religious education and practices.
Residence
: Determining where the child will primarily reside.
A sole custody order is not a common outcome in custody battles. Courts usually lean towards this decision when they believe that the other parent is incapable of contributing positively to the child’s upbringing. Reasons that might lead the court to deem a parent ‘unfit’ include, but aren’t limited to:
- Chronic substance abuse.
- Evidence of neglect or failure to provide basic necessities.
- A clear history of physical or emotional abuse towards the child or other family members.
- Mental health issues that impede the parent’s ability to care for the child.
- Any criminal history or behavior that might endanger the child.
Even when one parent is granted sole custody, the court typically acknowledges the importance of maintaining a relationship between the child and the non-custodial parent. As a result, visitation or “access” rights might be granted.
However, in cases where there’s a significant concern about the child’s well-being around the non-custodial parent, such visits might be supervised. Supervision ensures the child’s safety while allowing some form of interaction, especially if there are concerns stemming from a history of domestic abuse, violence, or other high-risk behavior.
Joint Custody
In most cases in Singapore, the court grants parents joint custody, usually with one parent having care and control over the child. In this case, both parents play a part in making important parenting decisions for the child.
The court has generally been in favour of joint custody so that parental bonds are maintained and both parents can execute their common responsibilities for the upbringing and development of their children. Here’s a more in-depth look:
Shared Decision-Making
: Under joint custody, while both parents share decision-making rights, it doesn’t necessarily mean that the child spends equal time living with each parent. Decisions regarding the child’s education, health, religious upbringing, and other major life events require the consultation and agreement of both parents.
Care and Control
: Even in a joint custody setting, one parent often has “care and control” of the child. This means that while both parents make significant decisions together, the child lives day-to-day with one parent (the one with care and control). This primary caregiver manages the child’s daily routines, while the other parent is usually given visitation or “access” rights.
Best Interests of the Child
: The primary concern of Singapore’s courts in custody matters is always the child’s best interest. By favouring joint custody in many situations, the courts recognize the importance of both parents being actively involved in their child’s life. This approach promotes the child’s holistic development and well-being, ensuring that they benefit from the guidance, care, and affection of both parents.
Promoting Parental Cooperation
: Joint custody emphasizes collaborative parenting. By necessitating mutual decision-making, it encourages parents to communicate, negotiate, and prioritize their child’s needs above any personal conflicts. The essence is to ensure that children continue to benefit from the involvement and influence of both parents in their lives, regardless of the marital breakdown.
Hybrid Order
- Functions as a sole custody order, but with stipulations.
- The custodial parent must consult with, or even get approval from, the non-custodial parent on certain decisions (e.g., choice of school).
Split Custody Order
- Siblings are divided between parents for custody. Some siblings live with one parent, while the others live with the second parent.
- As a general rule, siblings should be cared for by the same parent. If a split custody order is sought, then the parents must file affidavits in support of such a split custody order and explain how this would be in the best interests of the children.
Frequently Asked Questions
Who does the child live with in the event of a divorce?
In the event of a divorce in Singapore, the court will consider various factors to determine who the child should live with. This goes towards the care and control of the child. If the child is old enough to form an independent opinion and identify which parent they would like to live with, the court will may give weight to such considerations.
Other factors that the court may take into account include the ability of parents to provide emotional and financial support, as well as any history of domestic violence or abuse within a family. In addition, parents may also discuss between themselves and come up with an agreement on where their children should live after divorce. With this in mind, each case will be judged on its individual basis.
How long does a Child Custody order last?
In Singapore, a Child Custody Order typically lasts until the child attains the age of majority, 21 years old – however, circumstances may call for an extension or amendments to the order.
It is important for parents to understand that Child Custody Orders are granted in the best interests and welfare of the child, and so any changes should be made with consideration as to how they affect their lives. Generally speaking, judges make rulings based on evidence of which parent would be better equipped to provide adequate care and education for the child.
Parents are also encouraged to take both legal and parental responsibility seriously, ensuring that they uphold their roles until the order expires.
What happens if one parent violates a Child Custody order?
In Singapore, if one parent violates a Child Custody order, the aggrieved party may file an application with the Family Justice Court to stop that parent from further breaches of the Order.
The Family Court can then consider the allegations and decide on the appropriate remedy to grant the Complainant Parent. In cases where parenting rights are violated, the Court may order for both parents to attend mediation in order to come to an amicable resolution on the matter.
Ultimately, the welfare and best interests of the child will be the primary considerations when it comes to the court’s decision. As such, anyone who is concerned about a parent who has breached any terms of a Child Custody order should not hesitate to approach experienced legal counsel who can advise them on the best course of action.
Can a Child Custody order be changed?
In some cases, it can be possible to modify a child custody order in Singapore. When one parent seeks a change to the existing court order to have parental responsibilities and rights over their child, they must file an application with the Family Justice Courts.
This application will be reviewed, and the court will decide if modifying the order is in the best interest of the child. However, modifications to custody orders can only be successful if both parents agree with and consent to it, or if there has been material changes from when the Order was granted which would warrant a variation of the Court Order.
Only then will a judge consider granting the variation based on any evidence presented by both parties. Variations are meant to be a rare occurrence, so it’s important for parents seeking such an outcome to be prepared with an adequate legal argument before petitioning for any changes to custody arrangements.
Conclusion
Navigating the complexities of child custody is an emotionally charged and legally intricate process. Understanding the key distinctions between sole custody and joint custody is essential for parents seeking the most suitable arrangement for their children.
More Articles on Child Custody:
CHILD CUSTODY – SHARED CARE AND CONTROL CASE STUDIES
4 KEY QUESTIONS ABOUT CHILD CUSTODY IN SINGAPORE
SINGAPORE INTERIM CUSTODY CARE AND CONTROL APPLICATIONS
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