Introduction
When parents go through a divorce in Singapore, one of the most important issues is what will happen to their children. Many people assume that one parent will “get custody”, but the law in Singapore approaches this issue differently. The court’s primary concern is the welfare of the children. Decisions about custody, care and control and access are made based on what the court considers in the best interests of the child, rather than what either parent wants.
What does “Custody” Mean in Singapore?
In Singapore, custody does not refer to where, and who the child lives with. Instead, custody relates to the authority to make major decisions about the child’s upbringing. These generally include education, religion and major medical treatment. With, in recent times, the local government placing greater emphasis on mental health, it is arguable that a child’s mental health including whether, and where to bring the child for counselling or mental health treatment ought to fall within custodial rights, as it is or could be in other countries. This is despite a lower court decision from Singapore suggesting that counselling is a matter for the parent with care and control to decide. In many cases, the court grants joint custody to both parents so that they can continue to be involved in making important decisions for the child- this is important for the purpose of signalling the child, showing that both parents are equally important, and no one parent is superior to the other.
In exceptional circumstances, sole custody may be ordered. This generally involves situations where it is close to or impossible for parents to work together such that an order for joint custody becomes counterintuitive, in that the parents argue over major decisions and the court has to be involved, in cases of abuse or even, possibly, immoral behaviour that impacts the child.
What is Care and Control?
Care and control refers to which parent the child lives with on a day-to-day basis. The parent with it is also responsible for the child’s daily needs, such as meals, school routines, general supervision and making decisions relating to these matters. The other parent is usually given access rights, which allow them to spend time with the child.
What is Access?
Access refers to the arrangements that allow the parent without care and control to spend time with the child and in a way that is meaningful. Access may take different forms, including weekly visits, overnight access, or holiday arrangements. The court will decide on access arrangements based on what is the best interests of the child. Considerations could include the child’s current schooling or extra-curricular activities routine, and also whether the access parent has the time to be present during access such that the child is not effectively neglected.
The parent with care and control has a legal obligation to facilitate meaningful access of the child to the other parent.
How does the Court Decide?
The court’s guiding principle is the welfare of the child. In making its decision, the court considers factors such as the child’s age, relationship with each parents, the ability of the parent to care for the child, and the stability of the home environment or where the child will be cared for. The court aims to ensure that the child maintains a meaningful relationship with both parents whenever possible.
Is Custody Always Given to One Parent?
In Singapore, while it could be argued there is no presumption of joint custody, it is common for the court to grant it. This reflects the view that it is generally in the welfare of the child for both parents to play a role in the child’s life, even after divorce. However, care and control is usually given to one parent, with the other parent receiving access rights.
What if Parents Cannot Agree?
If parents are unable to agree on any custodial, care and control or access arrangements for the child, the court may decide for them. The court may encourage mediation to help parents each an agreement. If this is not possible, a judge will make the decision based on the child’s best interests.
How does this Affect Divorce Proceedings?
Issues relating to children are part of what is known as ancillary matters in a divorce. The time and costs for a divorce may increase if there are disputes over custody, care and control or access. You can read more on How Long Does Divorce Take in Singapore.
Conclusion
Child custody decisions in Singapore are guided by one key principle: the welfare of the child. The court aims to ensure that the child is cared for in a stable and supportive environment, while maintaining a relationship with both parents where possible.