Divorce, a complex and emotionally charged process can be particularly challenging for couples in Singapore when children are involved. Understanding the nuances of child custody, care and control, and access is crucial in these situations. While divorce lawyers in Singapore play a pivotal role in navigating the legal aspects, being equipped with factual information is equally important for parents.
This article aims to assist parents in navigating divorce by providing helpful information about child custody, care and control, and access in Singapore.
Child Custody
In Singapore, the concept of child custody goes beyond mere living arrangements and delves into the right to make significant life decisions for the child. This includes their education, religious upbringing, and healthcare choices. The Singapore Family Justice Courts emphasize the child’s welfare as the paramount consideration in custody decisions.
The main statute governing child custody in Singapore is the Guardianship of Infants Act, which is supplemented by the Women’s Charter along with the Administration of Muslim Law Act.
Different Types of Custody:
- Sole Custody: This order grants one parent the full legal authority to make major decisions about the child’s life, including education, religion, and health matters. Sole custody might be awarded in situations where one parent is deemed significantly more capable of providing for the child’s welfare, or in cases where parents are unable to cooperate effectively.
- Joint Custody: The most common type of custody order in Singapore, joint custody allows both parents to make major decisions for their child jointly. This arrangement reflects a societal move towards acknowledging the importance of both parents in a child’s upbringing, even after a divorce
- Hybrid Custody: A hybrid order is a less common arrangement where one parent is given custody, but both parents must consult each other on important matters. This type of order is sometimes used when parents can communicate amicably but there are reasons to centralize decision-making authority with one parent.
- Split Custody: In rare cases, the court may order split custody, where each parent is given custody of different children. This type of custody is generally not favoured due to the potential emotional impact on siblings being separated.
Care and Control
Care and control is a legal term specific to Singapore’s family law system, referring to the parent who has the primary responsibility for the child on a day-to-day basis. This aspect of family law often sees mothers being granted care and control, with about 90% of such orders awarded to them. However, there has been a growing recognition of fathers’ roles, and the courts are increasingly open to alternative arrangements when they serve the child’s best interests.
Does Custody Equate to Care and Control?
Not necessarily. While custody involves decision-making rights on significant matters, care and control are about the child’s daily life and routine. In Singapore, it’s common for one parent to have care and control, even in cases of joint custody. This arrangement allows both parents to be involved in major decisions (joint custody) while providing the child with a stable and consistent daily environment (care and control with one parent).
Access
Access rights are designed to ensure that the child maintains a meaningful relationship with the non-custodial parent. This is especially crucial in situations where one parent has sole care and control. The courts in Singapore prioritize the child’s emotional and psychological well-being, often granting generous access rights to the non-custodial parent. For instance, access might be structured as regular weekend visits, mid-week visits, or extended time during school holidays.
Types of Access:
- Unsupervised Access: This is the most common form of access. It allows the non-custodial parent to spend time with the child without supervision. Unsupervised access can include overnight stays, weekends, holidays, or other agreed-upon times. The schedule is often detailed in the court order to provide consistency and stability for the child.
- Supervised Access: In cases where the child’s safety and well-being might be a concern, the court may order supervised access. This means that the non-custodial parent can visit the child only in the presence of an appointed supervisor. The supervisor could be a family member, a social worker, or a professional from a child access service.
- Graduated Access: This type of access is used when the non-custodial parent has not had much contact with the child, or in cases of young children. Graduated access starts with shorter, supervised visits and gradually increases in duration and freedom over time. This approach helps to build or rebuild the parent-child relationship in a structured and safe manner.
Final Thoughts
Understanding the facets of child custody, care and control, and access is vital for parents undergoing divorce in Singapore. With the child’s best interests at heart, the legal framework aims to ensure that despite the changes in family dynamics, children maintain a stable and nurturing environment. Parents are encouraged to seek legal advice and utilize mediation services to arrive at an arrangement that best serves the child’s needs.
