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Child Custody, Care and Control

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Child Custody Lawyers in Singapore: Safeguarding Your Parental Rights

When undergoing divorce proceedings in Singapore, one of the most crucial and emotionally charged matters to consider is the custody of your children. Child custody issues can be complex and emotionally challenging for parents, but understanding the legal framework and key considerations is essential for ensuring the best outcome for your children’s future. In this comprehensive guide, we will explore the various aspects of child custody in Singapore, including child custody definitions, types of child custody, and strategies to increase your chances of securing care and control.

What Is Child Custody?

Child custody, often a contentious issue in divorce proceedings, refers to the legal rights and responsibilities of parents for their children, particularly those below the age of twenty-one, according to the Women’s Charter in Singapore. The primary legal framework governing child custody in Singapore is the Guardianship of Infants Law Act, which applies to all residents, regardless of their religious affiliations.

Understanding Child Custody

It is crucial to clarify the differentiation between custody and care and control.

 

Care and control of children: 

refers to the parent who assumes primary responsibility for the child’s daily life, including matters like sleep arrangements, meals, and school routines – it’s channeled to one parent and this parent is involved in the child’s daily issues. For example, daily and basic needs and consents for school outings. The other parent is usually granted scheduled visitation rights to spend time with the child as agreed upon.

 

Access Rights to children:

Apart from custody and care and control, there exist three distinct types of access rights:

The non-custodial parent enjoys the freedom to spend time with their child at their own discretion.
The non-custodial parent is granted access to the child during reasonable hours.
This arrangement is put in place to safeguard the child, with supervised visits ensuring their safety and well-being.
Custody of children:

In the context of parenting, pertains to the authority granted to one or both parents to make important decisions regarding their child’s upbringing, such as education and religious matters. There exist four primary types of custody arrangements:

1. Sole Custody
In cases where the parents’ relationship has deteriorated to the point of irreparability, one parent is granted sole custody. This parent becomes the sole decision-maker for major milestones in the child’s life. Sole custody may also be awarded if one parent has previously abused the child, and joint custody would pose a safety risk.
Joint custody grants both parents equal rights and responsibilities in making decisions about the child’s upbringing, education, and welfare. It encourages cooperation and joint decision-making between parents, emphasising the importance of both parents’ involvement in the child’s life.
Hybrid custody involves one parent being granted custody but requiring them to seek the other parent’s opinion or agreement on certain issues concerning the child’s welfare. It strikes a balance between sole and joint custody.
In rare cases, the court may order split custody, where siblings are separated, with one or more siblings placed in the care of one parent and the remaining siblings placed with the other parent. However, this arrangement is uncommon, as the court generally prefers to keep siblings together.

Factors Influencing Child Custody Decisions

Deciding on child custody is a sensitive and complex process, and the court considers several crucial factors when determining custody arrangements:
  • The parent-child relationship, including emotional bonds, support, and involvement in the child's life, plays a significant role.
  • Stability and routine are essential, and the court looks favourably upon parents who can provide a stable home environment and consistent daily routines for the child.
  • Communication and cooperation between parents are highly valued, especially when it comes to joint custody.
  • Financial capability is considered, as the court assesses each parent's ability to meet the child's needs, including education, healthcare, and general living expenses.
  • The child's preferences may be taken into account, particularly for older children, although this is not the sole determining factor.

How does the Court decide who gets the Custody?

When determining custody or the type of order to grant, the court takes into consideration the “welfare principles.” This means that the best interest of the child is at the forefront of their decision-making process.

The concept of best interest encompasses more than just financial or physical factors. The court carefully examines various aspects, including:

  • The child's moral, religious, and physical well-being.
  • The child's relationship with each parent.
  • The current living arrangements.
  • The child's primary caregiver during the formative years.
  • The child's wishes, if they are of an appropriate age.
  • The parents' wishes.
  • The age of the child.
  • The parents' financial capability.
  • The presence of additional family support.

By considering these factors, the court aims to ensure that the child’s overall welfare is protected and that the most suitable arrangement is determined.

The court may request a Custody Evaluation Report from social services and counselors to assess the circumstances, child, and parents before suggesting an order. The counselor may observe the interaction between the child and the parents. The confidential report aids the judge in making a decision.ion.

Section 130 of the Women’s Charter gives the court the authority to consider advice from reports, but it is not obligated to follow it.

When it comes to determining custody, the court does not solely consider the preferences or desires of the parents. Factors such as financial status, education, and citizenship do not guarantee custody. Instead, the court prioritises the best interests of the child when making custody decisions.

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Who gets care and control of the child?

It is often perceived that fathers face challenges in obtaining care and custody of their children, with mothers typically being viewed as the primary caregivers. In the majority of cases, care and control are typically granted to the mother by the Family Justice Court, unless certain circumstances exist:
  • If there is a history of abuse or neglect by the mother,
  • A court-appointed counsellor recommends otherwise,
  • The mother consents to granting care and control to the father,
  • The child is of an age where they can clearly express their wishes and desires to reside with the father.

How Can I Increase My Chances At Getting Care And Control?

It is hard to say what will necessarily “increase” your chances at receiving a larger custody agreement. However, the following things would positively go a long way in getting you a fair and reasonable custody arrangement:

1. Maintain Stable Employment

A stable job with a predictable work schedule demonstrates your ability to provide for your child’s needs.

2. Ensure Adequate Housing

A suitable living situation with proper bedrooms for your children is essential.

3. Foster a Close Parent-Child Relationship

Continuously nurture your relationship with your child, emphasising care and support.

4. Avoid Substance Abuse and Risky Behaviour

A history of substance abuse or promiscuous behaviour may negatively impact your case.

5. Maintain Routine and Stability

The court considers the importance of maintaining the child’s current routine and minimising disruptions.

6. Seek Legal Counsel

Consult with a qualified family lawyer who can guide you through the legal process and advocate for your rights effectively.

Custody of illegitimate children remains the same as legitimate children as well as maintenance issue of the child until they are 21 years of age.

Continual Care For Your Child

The most critical factor is continuous care arrangement. The Courts will try to maintain as much as possible the current routine of the child.

For example, if the child is happy and schooling near to home, a sudden uprooting of the child to a new location and a new school would be psychologically damaging to the child as the child has to cope with too many changes all of a sudden.

The Courts will also consider which parent has been the primary caregiver of the child most of the time.

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Supporting Your Child Psychologically

The experience of children caught in the midst of a divorce can be bewildering and distressing. They may mistakenly believe that the divorce is somehow their fault, leading to a mix of emotions including anger, sadness, fear, and guilt. It is crucial to help them navigate these challenging feelings and protect their psychological and emotional well-being during this process.

Here are some important considerations to ensure a positive and supportive environment for the children involved:

1. Offer Reassurance
In certain cases, children may internalise the divorce, believing they are to blame for their parents’ separation. Parents should consistently reassure their children that, despite the changes taking place, they are loved unconditionally. Emphasise that both parents remain committed to being a part of their lives as they grow.
Divorce should not diminish a parent’s active role in their child’s daily life. Continue to engage in activities and outings, assist with studies, and most importantly, maintain open lines of communication. Encourage your child to express their feelings and concerns about the divorce.
Avoid exposing your children to disagreements or conflicts between you and your spouse. Refrain from pressuring them to take sides, which can cause undue stress. When conflicts arise, address them away from the child’s presence to maintain a peaceful environment.
Support groups can be invaluable for both parents and children as they adapt to their new circumstances. These groups offer opportunities to learn from others who have faced similar situations and to discuss various challenges that may arise.
Since December 2016, the Women’s Charter has instituted a Mandatory Parenting Programme. This requires the initiating party, especially if they have a child below 14 years old, to undergo a compulsory two-hour private session before filing for divorce. This program can help parents gain insights into managing their new roles and responsibilities.

Child Maintenance and Support

Child Maintenance and Support is another critical aspect to consider. In Singapore, both parents are responsible for financially supporting the child until the child reaches 21 years of age. The court may order maintenance payments to be made as a lump sum or in monthly instalments. Importantly, fathers are obligated to fulfil their court-ordered maintenance responsibilities, even if their ex-spouse has remarried.

Navigating divorce while prioritising the well-being of your child can be challenging but essential. By offering reassurance, maintaining active involvement, shielding children from disputes, exploring support programs, and understanding the legal aspects of child maintenance, parents can help their children cope and thrive during this difficult time.

Conclusion

So you see, divorce between 2 parties is already a tedious process and it gets more complicated when there is a child involved in the divorce process. Ultimately, if it has come to a point of no return for you in your marriage, stride forward and hold your head up high.

What’s important is to not get too emotional. Always put the well-being of your child first and remain objective.

Disclaimer: The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.

Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.

Please consult a lawyer for specific review of your case and advise. 

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