Protecting Your Rights in Child Custody and Access Matters

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Helping You Navigate Divorce Applications in Singapore

Ensuring the Best Interests of Your Child in Custody Disputes

Child custody, care and control, and access are ancillary matters that are addressed at the latter stage of divorce proceedings. These are often particularly contentious and significant issues as they directly affect the children’s future and their relationships with their parents.

In determining issues of child custody, and care and control, section 125 of the Women’s Charter provides that the Court’s paramount consideration is the welfare of the child. Additionally, the Court will take into account the child’s and parent’s wishes, although the child’s wishes are often given greater regard.

Does Any of the Following Situations Match Your Circumstance?

Child Custody​

A parent who has custody of a child has the right to make decisions on major aspects of the child’s life, such as religion, education and healthcare. There are four main types of custody that can be granted:

  • Joint custody: This is the most common form of custody granted by the Court as it allows both parents to make major decisions on the child’s life. The Court encourages co-parenting as it recognises the importance of the child having good relationships with both parents and both parents being involved in their child’s life.
  • Sole custody: Custody may be granted to one parent when the relationship between the parents has deteriorated to the point that they do not communicate with each other. In such situations, joint custody would have a negative impact on the child’s development and the Court considers it to be in the child’s interests to grant custody to one parent. Sole custody may also be granted where one parent has been abusive towards the child, or where a parent voluntarily gives up custody.
  • Hybrid custody: This is where one parent is granted custody but must discuss major decisions with the other parent.
  • Split custody: This is where the Court splits custody of siblings between parents. This is uncommon as the Court is generally hesitant to separate siblings.
In determining the type of custody to be granted, the Court will consider multiple factors, including the following:
  • The child’s relationship with each parent;
  • The current living arrangements;
  • The current responsibilities of each parent regarding the child;
  • The child’s wishes;
  • The parents’ wishes;
  • The financial circumstances of each parent; and
  • Support from other relatives.

Care and control are generally granted to only one parent, and they determine who the child will live with. The parent who is granted care and control will be the child’s primary caregiver and will bear responsibility over the child’s daily affairs, such as meals, extra-curricular activities and travel to school.

In some situations, the Court may grant shared care and control to both parents. However, this is uncommon as it is considered to be quite disruptive to the child’s life.

Access is usually granted to the parent who does not have care and control over the child (i.e. the “non-custodial” parent). This enables the non-custodial parent to remain involved in the child’s life and maintain a good relationship with the child. The Court will determine what “fair and reasonable” access entails depending on the circumstances. There are three main types of access orders that may be granted:

  • Reasonable access: Parents will generally be encouraged to decide the details of the non-custodial parent’s access, such as the dates and times, duration and conditions, between themselves. In such situations, the Court will simply grant a “reasonable access” order to the non-custodial parent and allow the parents to discuss the details outside of Court.
  • Scheduled access: Where the parents have an acrimonious relationship and there is a lack of trust between them, the non-custodial parent may ask for scheduled access to the child. A scheduled access order will contain particulars such as the time of access, duration, and details on the handover of the child to the non-custodial parent. Examples of access terms are:
    • Access on specific public holidays or festivals;
    • Access over weekends; or
    • Access on weekday evenings.
  • Supervised access: Where the non-custodial parent has been alienated from the child or where there is a risk of the child suffering harm, the Court may find it more appropriate to grant a supervised access order. Such an order will allow the non-custodial parent to have access to the child under the supervision of a worker from the Divorce Support Specialist Agency.

We're Ready To Help

Navigating the complexities of child custody, care, and control during divorce can be challenging, and Jacque Law LLC is here to support you with expertise and compassion. Our dedicated team of lawyers specialises in securing arrangements that prioritise your child’s welfare, helping you address custody, care, and access matters with a focus on their best interests. We are committed to protecting your rights and guiding you through this sensitive process.

Commonly Asked Questions

What is the difference between child custody, care and control, and access?

In Singapore, child custody gives a parent the right to make major decisions regarding the child’s upbringing, including education, religion, and healthcare. Care and control refers to which parent the child will live with on a daily basis. Access allows the non-custodial parent to spend time with the child, typically through scheduled visits or shared time arrangements.

The court’s primary concern in custody cases is the welfare of the child, as stated in section 125 of the Women’s Charter. Other factors include the child’s preferences, the parent’s wishes, the stability each parent can provide, and the ability of each parent to meet the child’s needs.

Joint custody means that both parents share the responsibility for major decisions regarding the child’s welfare, even if the child lives primarily with one parent. Sole custody gives only one parent the authority to make major decisions. Joint custody is commonly preferred to encourage both parents’ involvement, unless it’s deemed contrary to the child’s welfare.

Yes, the child’s preference is taken into consideration, especially if the child is older and capable of expressing a well-informed view. However, the court ultimately prioritises the child’s best interests over any preferences expressed, ensuring the chosen arrangement supports their welfare.

Yes, custody and access orders can be modified if there’s a significant change in circumstances, such as a change in the child’s needs, a parent’s living situation, or other relevant factors. Either parent can apply to the court to review and adjust the arrangements accordingly.

Non-compliance with a custody or access order can result in legal consequences. The affected parent can apply to the court for enforcement, and the court may take measures to ensure compliance, such as issuing fines or varying the original order.

Common access arrangements can include regular weekday or weekend visits, holiday schedules, and electronic communication such as phone or video calls. The specific arrangement depends on the child’s age, school schedule, and the availability of each parent. The court seeks to ensure that access is beneficial to the child and supports a healthy relationship with both parents.