Child Custody in Singapore: Everything You Need to Know

Navigating the complexities of child custody arrangements during a separation or divorce can be mentally and emotionally draining for parents. It is common to face anxieties and uncertainties during this difficult time, which is why it is crucial to understand the legal processes so you can take the right action and make decisions that prioritise your child’s best interests. This guide aims to shed light on the key aspects of child custody in Singapore, empowering you with the knowledge needed to prirotise your child’s well-being.

Recognising that every family is unique, Singapore’s Family Justice Courts offer the following types of custody orders to accommodate various circumstances and ensure the best interests of the child are met:

Sole Custody

Sole custody may be awarded when one parent is deemed unfit or unable to provide a safe and stable environment for the child. It grants one parent the legal right to make major decisions concerning the child’s upbringing, education, healthcare, and religion. While the non-custodial parent may have access rights, they will not have the same level of decision-making authority.

Joint Custody

Joint custody is often favoured when parents demonstrate a willingness and ability to cooperate in the child’s best interests. This type of custody encourages shared parenting responsibilities, allowing both parents to actively be part of their child’s life. While the child may primarily live with one parent, both parents have equal rights to make significant decisions together.

Hybrid Custody

Hybrid custody offers a flexible approach, allowing for customised arrangements tailored to the specific needs of the family. For instance, one parent may have sole custody of certain aspects of the child’s life, such as education, while both parents share joint custody over other areas, such as healthcare.

Hybrid custody can be a suitable option when parents have differing strengths and capabilities but still wish to play an active role in their child’s life.

Care and control refers to the day-to-day responsibilities of raising the child, including providing a home, caring for their physical and emotional well-being, and making routine decisions about their daily life. Typically, the parent whom the child primarily lives with is granted care and control, and only one parent can receive care and control.

Custody, on the other hand, encompasses the legal rights and responsibilities that come with making major decisions about the child’s life. These decisions can include education, healthcare, religion, and travel. And as discussed above, both parents may be given custody, depending on the final custody arrangement.

In Singapore, care and control is typically awarded to mothers. Unless the mother consents to the father’s request or the child is mature enough to clearly express their preference to reside with the father to the court, it is unlikely that care and control will be granted to the father. Hence, it may be challenging for fathers to secure care and control of their children.

Access refers to the non-custodial parent’s right to spend time with their child. Access can be court-ordered or mutually agreed upon between the parents. If the access is court-ordered, the court may consider Access Evaluation Reports to determine suitable arrangements, especially when parents disagree on specifics like duration or supervision. The court will also take into consideration the child’s best interest.

Ideally, parents should reach a mutually agreeable arrangement regarding the specific days, times, and locations for access visits. Such a proactive approach can streamline the divorce proceedings and help mitigate the emotional impact on both the parents and their children. There are various types of access arrangements:

• Liberal Access: Allows for frequent and flexible visits between the child and the non-custodial parent.
• Reasonable Access: Provides for regular visits, often on weekends and holidays.
• Supervised Access: Requires a third party, such as a social worker or family member, to be present during the visits.

Absolutely. Singapore’s family courts prioritise the child’s best interests, regardless of the parent’s gender. Hence, fathers have an equal right to seek custody of their children. The court will consider various factors, including the father’s relationship with the child, his capacity to provide a suitable environment, and the child’s wishes (if they are of a sufficient age and maturity to express them).

Family courts in Singapore carefully evaluate numerous factors when deciding on custody arrangements. These factors include:

• The child’s age and maturity
• The child’s wishes (if they are of a sufficient age and maturity to express them)
• Each parent’s ability to provide a stable and nurturing environment
• The existing relationship between the child and each parent
• Each parent’s willingness and ability to cooperate in the child’s best interests
• Any history of family violence or abuse

While there is no fixed age, the Family Justice Courts generally consider the child’s wishes if they are 10 or older. However, the child’s views are just one of many factors considered, and the court will ultimately decide based on the child’s best interests.

Yes, a child custody order can be revised if there has been a significant change in circumstances. This might include:

• A significant change in the child’s needs or interests
• A parent’s relocation
• Evidence of abuse or neglect
• A substantial change in a parent’s financial capacity to support their child
• A decline in a parent’s health that significantly impacts the time they can spend with the child
• Significant change in the parent-child relationship

To modify a custody order, you must file an application with the Family Justice Courts and provide evidence supporting your request.

Handling child custody matters can be complex and emotionally challenging. Hence, it is crucial to seek professional legal counsel from experienced family and divorce lawyers who are familiar with family courts and can advocate for your child’s best interests.

At DLLC, our team of dedicated and affordable family lawyers is experienced in providing compassionate and effective legal representation. We understand the sensitivities involved in child custody cases and will always strive for the best possible outcome. If you are facing a child custody issue, do not hesitate to contact us. Our civil attorneys will ensure you have access to the legal support you need during this difficult time.