Disciplining your children is a fundamental aspect of parenting, but it is crucial to understand when discipline becomes abusive.
Although discipline is often done out of concern for the child’s wellbeing, abusive behaviour may have lasting detrimental effects long after your child leaves their childhood.
In this article, we will explore when discipline crosses the line into abuse and how the Courts would decide on these matters.
The Correction Exception
The definition of “family violence” in Section 64 of the Women’s Charter 1961 excludes “any force lawfully used in self-defence, or by way of correction towards a child below 21 years of age“. This is referred to as the “correction exception“.
This means that physical discipline and corporal punishment of children are not prohibited in Singapore, except in preschools, and parents have the authority to discipline their children if necessary.
Generally, force used in a domestic context and for correction towards a child is unlikely to fall under the scope of family violence, save in certain circumstances.
Legal Frameworks
So, when does discipline cross over into the realm of child abuse?
The case of TCV (On behalf of Child, A) v TCU [2015] SGFC 3 shed some light on this issue and held that for an act to qualify as “lawful correction“, it must:
- have been done with a measure of good sense;
- always be exercised for the benefit of the child;
- have been performed in a ‘responsible and loving’ manner;
- not have caused ‘unnecessary pain and suffering’;
- have been ‘delivered judiciously and responsibly for the child’s benefit’.
The Courts, in assessing whether parents’ disciplinary actions have gone beyond reasonable correction, will also consider factors such as the reasons for the punishment, the nature of the punishment, the age of the child, and the child’s personal characteristics. For example, younger children are more vulnerable due to their limited maturity and ability to endure physical punishment.
If the Court finds that the punishment had been prompted by a need of the parent to power over the child rather than for the benefit of the child, such conduct would be deemed as family violence and will be treated severely.
Navigating the fine line between discipline and abuse can be challenging, especially considering the “thick grey line” that accommodates different parenting approaches affected by culture, personality and personal experiences.
Parents need to take a step back and reflect on the reasons why they have inflicted a certain punishment to ensure they do not cross into the threshold of abusive behaviour.
As it might be challenging to draw a clear line between discipline and abuse, we recommend seeking legal advice to ensure you have a thorough understanding of what constitutes child abuse and how the law can protect your child.
We’re here for you
At GJC Law, our family lawyers can help assess your situation and address your concerns, providing the knowledge and support you need to navigate these sensitive issues.
