Custody, care and control, and access in a Singapore divorce

Three different things

People often use custody to mean everything, but Singapore courts make three separate kinds of order about children.

• Custody: the authority to make major long-term decisions, such as the child's education, healthcare and religion.
• Care and control: who the child lives with, and who handles daily matters such as meals, school runs and routines.
• Access: the time the parent without care and control spends with the child.

Joint custody is the usual order

The courts generally grant joint custody, so both parents keep a say in the major decisions even after divorce. This reflects the view that a child benefits from both parents remaining involved. Sole custody is uncommon and tends to be reserved for exceptional situations, for example where a parent has abused or neglected the child, or where the parents cannot cooperate at all on important decisions.

Care and control is usually given to one parent, with the other receiving access. Shared care and control, where the child spends substantial time living with each parent, is possible but less common, and is unlikely where the parents' relationship is hostile.

The child's welfare comes first

Section 125 of the Women's Charter makes the welfare of the child the paramount consideration. The question is not which parent wins, but which arrangement is best for the child.

Factors the court commonly looks at include who has been the main caregiver, the child's age and particular needs, each parent's ability to provide a safe and stable home, the child's relationships with siblings, any history of family violence or neglect, and practical matters such as working hours and distance from school. An older child's views may be taken into account, though the court is alert to a child being influenced by a parent.

Kinds of access

Access can be flexible and arranged between the parents, or fixed to a schedule covering weekdays, weekends, school holidays and public holidays. The court can also order overnight access or time on special occasions. Where there are safety concerns, the court may order supervised access. Parents who can agree a workable schedule usually spare themselves and their children a longer dispute.

Parenting plans and the Co-Parenting Programme

Where there are children under 21, a proposed parenting plan, or an agreed one if the parents have reached agreement, is filed with the divorce papers. It sets out the proposed arrangements for custody, care and control and access, and often education, healthcare and finances.

Before filing for divorce, parents with a child under 21 are generally required to complete the Mandatory Co-Parenting Programme. It is meant to help parents understand how divorce affects children and plan how they will parent together afterwards.

When parents cannot agree

The Family Justice Courts encourage parents to resolve children's issues through mediation and counselling where possible. In contested or high-conflict cases, the court may direct counselling, ask for a report from social welfare officers or counsellors on the child and the family, or appoint a child representative, a lawyer whose role is to put the child's interests before the court.

Relocation and changing orders later

A parent who wants to move overseas with the child generally needs the other parent's consent or the court's permission. The court looks at how the move would affect the child, including stability and schooling, and whether the child's relationship with the parent left behind can be maintained.

Custody, care and control and access orders can be varied after the divorce, but only if there has been a material change in circumstances or the order was based on a misrepresentation. A parent simply changing their mind is not enough.

Speaking with a lawyer

Arrangements for children depend closely on each family's circumstances, so a family lawyer can help you think through a proposal that puts your child's needs first.