Going through a divorce makes important decisions way more complex than they should be. It becomes more complicated when these decisions include your children and their welfare. You probably have many questions about who gets custody, who will provide for your children, or where they reside. This spectrum will discuss the process and types of child custody in Singapore.

 

 

What is the Difference Between Child Custody and Care and Control

1.Child custody

Child custody is the right to a child’s care, control, and maintenance. The court awards this to one of the parents following a divorce or separation proceeding. This involves a “child” under the age of 21 (minor), as defined by the Women’s Charter, of a couple joined by marriage. The Guardianship of Infants Act backs this up with the Women’s Charter and the Administration of Muslim Law Act.

2. Care and Control

Yet, we must remember that child custody is different from care and control. The difference is that the former grants authority to the custodial parent(s). This involves making major decisions such as the child’s education, religion and healthcare.

On the other hand, only one parent is permissible for care and control. This encapsulates their entire involvement in the day-to-day matters of the child. With that, the other parent will only have minimal periods of access.

In most cases, mothers in Singapore take the care and control of their children. This is similar to child custody, as it is difficult for fathers to fight for the full rights of the child. The father can request, but they must receive the mother’s approval to win. In other circumstances, they can also gain access if the child is at an appropriate age. Additionally, this is applicable if the child can clearly express their desire to stay with the father to the court. Other than this, it is improbable for the court to give the father full care and control.

In some cases, it can be pushed if there is a history of abuse or neglect from the mother. If all else fails, the father may consider pursuing an order for shared care and control. In this case, parents have an equal time split between the two of them. However, this will only be granted if the father was the child’s primary caregiver prior to the divorce. The court will also consider how feasible the arrangement is and what best serves the child’s welfare.

 

 

What are the Types of Child Custody Orders?

There are four types of child custody orders for divorce in Singapore. These are the following:

1. Sole custody order

The parent granted custody of the child is the sole parent in charge under a sole custody order. They are the sole decision-makers concerning the child.

When there is a clear sign that both parties can no longer cooperate, this is because it proves to be detrimental to the child. This is usually given when the relationship between mother and father is in disrepair. Specifically, in a manner wherein they are acutely acrimonious towards each other and lack communication. Additionally, if there is no means of reconciliation after seeking counselling and meditation.

In other cases, this order applies when a parent “gives up” custody of their child and if there’s abuse found towards the child.

2. Joint custody order

Joint custody order applies if both parents are equally responsible for making significant decisions for their child. This means that parents must communicate and reach a consensus for their child’s welfare. 

That said, the Singapore courts have been granting joint custody orders more often than sole custody. This is because the courts recognize that both parents being present in their child’s life is pivotal for their development. They recognize this responsibility carries over even past a failed marriage. Additionally, it proves that neither parent has more right to their child over the other. Thus, it encourages a healthy understanding and cooperation.

 

3. Hybrid order

Hybrid orders grant custody to one parent. However, the custodial parent must consult with the non-custodial parent. Concerning their child’s well-being, they must reach an agreement.

 

4. Split custody order

Lastly, split custody order is when custody is granted to one parent for one or more children, and then custody for the other child/children is given to the other parent. However, this type of custody is not so common since the court usually prioritizes siblings staying together for emotional support. 

When you implement this kind of custody, only the custodial parent can have a say over their child. Unless the consent is from the non-custodial parent then it’s an exception. This also applies if the court itself grants permission. However, the custodial parent should not take the child out of the country for more than a month.

 

What are the Types of Access Orders?

Access orders apply to the parent who is not given care and control of the child. In most cases, this is usually for the fathers. This is when it is deemed that the child’s access to the non-custodial parent is beneficial for them. 

With that, the Women’s Charter determines what type of quantum of access this parent deserves. This is because they do not stipulate how much time a parent should have access to their child. Instead, the non-custodial parent is granted access time that is considered fair and reasonable under the court’s discretion.

There are only two types of access orders:
1. Unsupervised. Allowing the parent to spend time with the child without the need of a third party supervising the session, or

2. Supervised. Supervised access is usually given to protect the child from potential physical or emotional abuse. Furthermore, this can also be done to assess their relationship with their non-custodial parent. 

The type of access orders are decided via Access Evaluation Reports (if necessary). This is especially when both parents are disputing access times. These reports help the court resolve such disputes and will only be accessible by the judge. Said disputes can be how long access should be and whether or not they should be supervised.

 

 

What is a Quantum of Access/Child access?

Both parents are encouraged to cooperate to find an agreement on the day, time and place for visitation. Once achieved, divorce proceedings are expedited, minimizing the emotional damage to their children.

However, the court will consider non-exhaustive factors when determining the quantum of access. This involves the child’s needs as well as the child’s wishes. Additionally, the non-custodial parent’s previous contact and history with the child,

Ultimately, it is still the court that will look into the welfare and best interests of the child. This determines the amount of access time they will give. Despite this, though, there are some cases where access to their child is prohibited. Furthermore, this cannot be adequately addressed under the current state of Singaporean law. 

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Yeo Law Can Help Guide You Through Your Child Custody Concerns

Marital legal issues can easily overwhelm someone, especially when children are involved. It can be difficult to go through so many processes. However, with the right guidance, this can be made simple. Yeo Law, a firm of top specialist divorce and family lawyers in Singapore, can assist. We can help you determine the best child custody arrangements in Singapore. To schedule an appointment, call .