Protecting your parental rights with compassionate, experienced legal counsel. We guide families through custody matters with clarity and care.
Child custody matters are among the most emotionally challenging aspects of family law. When parents separate or divorce in Singapore, decisions must be made about who will care for the children and how major life decisions will be handled. Singapore courts always prioritise the welfare of the child as the paramount consideration in all custody disputes.
Whether you are going through a divorce or separation, understanding how Singapore’s legal system approaches child custody will help you navigate this difficult process and work towards the best outcome for your children.
Under Section 125 of the Women’s Charter, the court shall have regard to the welfare of the child as the first and paramount consideration when deciding custody matters.
In Singapore, there are several types of custody arrangements that the court may order:
One parent has exclusive rights to make major decisions about the child’s welfare, including education, religion, and healthcare. This is typically ordered when one parent’s conduct is so egregious that the child is better off for that parent to be cut off.
Both parents share the right to make major decisions about the child’s upbringing. This is the most common arrangement in Singapore, reflecting the view that children benefit from both parents’ involvement.
Care and control is distinct from custody. While custody deals with major life decisions, care and control determines which parent the child will live with on a day-to-day basis. The parent with care and control handles daily decisions such as:
It is common for one parent to have care and control while both parents share joint custody. This allows both parents to remain involved in major decisions while providing the child with a stable primary residence.
The parent who does not have care and control is typically granted access rights to maintain a relationship with the child. Access arrangements in Singapore can include:
Denying court-ordered access without valid reason can result in legal consequences. If you have concerns about your child’s safety during access visits, seek legal advice immediately.
When determining custody, care and control, and access arrangements, Singapore courts consider multiple factors to determine what is in the best interests of the child:
A common misconception is that Singapore courts favour mothers in custody disputes. In reality, the law does not presume that mothers are better caregivers. Fathers have equal rights to seek custody, care and control, and access.
Courts will consider which parent has been the primary caregiver, the bond between parent and child, and each parent’s ability to provide a stable environment. Fathers who have been actively involved in their children’s lives and can demonstrate their capability as caregivers have successfully obtained care and control.
Understanding the legal process helps parents prepare for what lies ahead:
Custody orders are not permanent. Either parent can apply to vary (change) an existing order if there has been a material change in circumstances. Examples include:
Cross-border custody disputes present unique challenges. If one parent wishes to relocate overseas with the child, they must obtain either the other parent’s consent or court approval. Singapore is a signatory to the Hague Convention on International Child Abduction, which provides mechanisms for the return of children wrongfully removed from their country of habitual residence.
Courts carefully scrutinise relocation applications, considering the impact on the child’s relationship with the non-relocating parent and the genuine reasons for the move.
The cost and duration of custody proceedings vary significantly based on complexity and whether the matter is contested:
Our experienced family lawyers can guide you through the custody process and help protect your parental rights.
Experienced family law practitioners dedicated to protecting your parental rights.
Jacqueline founded Jacque Law after a decade at two of Singapore’s largest law firms, including as Partner. She handles complex family law, medical malpractice, and high-value disputes for MNCs, healthcare groups, and high net worth individuals. Fluent in English and Mandarin.
Jerold graduated with First Class Honours from the University of Birmingham and joined the Singapore Bar in 2023. He handles family law and contentious probate matters. Fluent in English and Mandarin.
Wei Chiat graduated with Honours from the University of Bristol and joined the Singapore Bar in 2021. He has acted as lead counsel in family maintenance matters and handles medical negligence cases in the High Court. Fluent in English and Mandarin.
Find answers to common questions about child custody in Singapore.
Cross-border custody disputes present unique challenges. If one parent wishes to relocate overseas with the child, they must obtain either the other parent’s consent or court approval. Singapore is a signatory to the Hague Convention on International Child Abduction, which provides mechanisms for the return of children wrongfully removed from their country of habitual residence.
Singapore courts prioritise the welfare of the child as the paramount consideration. Key factors include: the child’s physical, emotional and educational needs; the capability of each parent to meet those needs; the child’s wishes (if mature enough to express them); the status quo and stability of current arrangements; each parent’s attitude towards access and co-parenting; and the likely effect of any change in circumstances on the child.
Yes, fathers can and do get custody in Singapore. The courts do not automatically favour mothers. Custody decisions are based solely on the best interests of the child. Fathers who demonstrate strong involvement in their child’s life, maintain a close bond with the child, and can provide a stable environment have successfully obtained custody and care and control. The key is showing your capability as a parent and your commitment to the child’s welfare.
The duration varies significantly based on complexity and whether the matter is contested. An uncontested custody case where both parents agree may be resolved in 4 to 6 months as there is a compulsory 3-month cooling off period before the divorce can be finalised. Contested cases where parents disagree and require court hearings can take 12-24 months or longer, depending on court schedules, whether custody evaluations are ordered, and the complexity of the issues involved.
Yes, custody orders can be varied (modified) if there has been a material change in circumstances since the original order was made. Examples include relocation, significant changes in a parent’s situation, changes in the child’s needs, or concerns about the child’s welfare. You will need to file an application with the court and demonstrate why the variation is in the child’s best interests.
Denying court-ordered access is a serious matter. You should document the denial and seek legal advice promptly. You can file an application with the court to enforce the access order. The court may impose penalties on the parent who breaches the order, which can include fines, committal (imprisonment), or variation of the custody and care and control arrangements. Persistent denial of access can negatively impact the denying parent’s position in future custody proceedings.
Going through a child custody decision is one of the most emotional and important moments in a parent’s life. We’re here to stand beside you, explain your rights clearly, and help protect what matters most — your relationship with your children.
Fill out the form below and we will get back to you shortly.
Your information is kept strictly confidential.
