One of the most challenging issue in a divorce proceeding is child custody laws in Singapore. With our expertise and sensitivity at Grace Law LLC, we will dedicatedly help you overcome this challenge.
Joint Custody Rules:
In Singapore, the Courts generally favour joint custody unless exceptional factors justify sole custody. Joint custody is favoured as the Courts want both parents to remain involved in their children’s lives. Joint custody means both parents will enjoy equal custodial rights of their children. Custodial rights include major decisions relating to the children, such as their health, education and country of residence.
However, the care and control of the children is usually given to just one parent. Care and control refers to the day-to-day caregiving. The children will live with the parent having care and control and that parent will decide matters such as what time the child wakes up, how the child goes to school, what the child eats, etc.
The parent without care and control will enjoy access rights which can be mutually agreed or determined by the Court. Access refers to the right to visit the children, to have the children overnight and bring the children overseas at agreed or ordered times.
In any divorce proceedings where children are involved, the Singapore Courts take great care to protect the interests and welfare of the children. The children’s interests and welfare are given the first and paramount importance not the parents’ preferences.
“Welfare” includes moral welfare, physical well-being and ties of affection and the Court will balance all relevant facts and circumstances in order to ascertain what a child’s best interests are. Sometimes, the Court enlists the assistance of Ministry of Social and Family Development officers to interview the parties and the children and prepare reports (“Social Welfare Reports”).
The best thing you can do for your children in the event of a divorce is to agree on a co-parenting plan putting your children’s interests ahead of yours. When there is no trust or understanding, to do this would be difficult for parties but do agree on whatever possible to minimise the dispute.
Where you face difficulty in achieving an agreement, we at Grace Law LLC have the expertise to advise and guide you in Court and out-of-Court to achieve the best for you and your children. Act wisely and spare yourself and your children the agony of a long-drawn litigation by consulting us early.
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