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Navigating Child Custody and Access Disputes in Singapore

Navigating Child Custody and Access Disputes in Singapore

07 August 2023

BY Dylan Ong

Two parents holding hands with their child

Filing for divorce is emotionally challenging and can be legally complex, but in marriages with children, this entire process becomes potentially even more challenging to navigate. Apart from safeguarding your own interests, you will need to also consider your children’s well-being when making decisions related to the divorce. Read on to find out more about navigating child custody and access issues in Singapore.

Understanding the types of custody, care and control, and access arrangements available, what factors are taken into account in making such decisions, and your rights as a parent, can greatly assist you in reaching a positive resolution for you and your child.

Types of Child Custody and Access Arrangements

Custody refers to the legal and practical rights and responsibilities of a parent or guardian regarding the upbringing and well-being of a child. The grant of custodial rights determines who will make decisions about issues related to the child’s education, healthcare, religion, and other important, long-term decisions for the child’s welfare. The primary goal of these arrangements is to ensure that the child’s best interests are met and that the child has a stable and supportive environment to grow up in.

The Singapore court can grant four different types of custody orders. They are:

Sole Custody: Custody is only granted to one parent, who will have exclusive rights to make major decisions for the child.
Joint Custody: Both parents are granted joint custody, and they share the responsibility of making major decisions together.
Hybrid Custody: Custody is given to one parent, but he/she must consult the other parent before making a decision on certain matters.
Split Custody: In marriages with more than one child, custody of each child may be granted to different parents (e.g. in a family with two children, custody of one child is given to the father, and custody of the other child is given to the mother). Such an arrangement is extremely rare.

Parent reading with their child

Apart from custody, there are also care and control and access orders to take into consideration. Care and control specifies which parent will be the primary caregiver for the child, while access will be given to the parent who is not granted care and control. Parents may in some circumstances share care and control. This means that the child will spend roughly equal amounts of time residing with each parent.

Usually, parents will be encouraged to agree on child arrangements. Divorce mediation is an extremely helpful avenue.

What the Court Considers When Making Decisions

When deciding on child custody, care and control, and access arrangements in a contested divorce, the court takes into account several factors to ensure that the best interests of the child are protected.

Child’s Welfare: The court’s primary consideration is the well-being of the child, including their physical, emotional, and educational needs.
Parent-Child Relationship: The court will also examine the relationship between the child and each parent to determine the level of attachment, involvement, and bonding between them.
Parental Ability and Willingness: The parents’ ability and willingness to provide the child with care, support, and guidance, will also be taken into account. Other factors such as financial capability and moral fitness will also be considered.
Child’s Preferences: If the child is of sufficient age and maturity, the court may consider their wishes and preferences.

Learn More: Contested vs Uncontested Divorce in Singapore

Tips for Resolving Custody and Access Disputes:

Resolving child custody and access disputes amicably is the preferred approach. Parents will usually be asked to attend divorce mediation to come to an agreement on matters relating to their child. This is because divorce can have a negative impact on children, and dragging proceedings on will not be good for the child’s well-being. Here are tips for navigating disputes related to child custody and access.

Put the child’s needs and best interests at the forefront of all your decisions and discussions.
Maintain respectful and open communication with the other parent.
Seek professional help through divorce mediation, a mediation lawyer or counselling to find mutually acceptable solutions.
Develop a feasible co-parenting plan that promotes cooperation and consistency.
Engage a divorce lawyer who can provide guidance on legal processes and ensure that your rights are protected.

Child playing with his toy

It is important to navigate through divorce procedures and any child-related disputes carefully to protect your child and minimise the impact that the divorce has on them.

If you require legal assistance or help with mediation, Quahe Woo & Palmer’s team of divorce lawyers have the industry expertise to help you get through these challenging situations. Contact us today for more information.