Custody of Children

Singapore Child Custody Lawyers – Family Law & Divorce Law

Singapore Child Custody Lawyers

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Understanding what is Sole Custody, Joint Custody, Care and Control and Access – Child Custody Lawyer Singapore

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The fundamental question that a court asks itself when making a decision affecting a child is whether that decision will promote the welfare of the child. The concept of ‘welfare’ is not a narrow one: it has to be considered in the widest sense and is not to be measured by money or physical comfort only. The child’s moral and religious well-being must be taken into account and his relationships with his siblings and other relatives. It is important to maintain the ties of affection the child enjoys :  see ABW v ABV [2014] SGHC 29.

The decision as to what is in the best interests of any particular child depends on the circumstances of the individual case and the individual child. However, this does not mean that that decision is a subjective one for the judge hearing the case. Rather, a number of relevant circumstances should be taken into account when arriving at a decision. The stability factor is but one such circumstance. Others include:

(a)     The need for both parents to have an involvement in the child’s life;

(b)     Which parent shows the greater concern for the child;

(c)     The maternal bond;

(d)    The child’s wishes;  and

(e)     The desirability of keeping siblings together.

The degree to which any one factor or the other is to be given pre-eminence is not fixed but depends entirely on the facts of each case.

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What is Custody?  – Child Custody Lawyer Singapore

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The term “custody” means the right to make major decisions on the welfare and upbringing of the children in the following areas:

  1. Medical issues like whether the child is to be hospitalized ;
  2. Educational issues like the choice of school, choice of enrichment classes, choice of course in school, choice of subjects, whether the child is to attend a particular school trip or outing, or tuition;
  3. Religious issues like what religion the child should follow.

In practice, the Court usually makes either one of the following orders when it comes to custody of children:

  1. Sole custody” order – this is where the right is given to one parent to make major decisions for the child without the agreement of the other parent.  “Sole custody” orders are rare, so please do not spend time and money fighting to get “sole” custody unless there are exceptional circumstances.

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  2. “Joint custody” order – there is where the right is given to  both parents to make major decisions for the child jointly on the 3 major areas above.   “Joint custody” orders are the norm.

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What is Care and Control? 

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Care and control is the right to have the children live with you, and to make everyday decisions about them.

For practical reasons, care and control normally lies with one parent. This means the child will live that parent.

The non-custodial parent who does not have care and control of the child will have access to the child.   Access can be reasonable, liberal or supervised.  It is common for access to be “reasonable.”

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Child Custody Lawyer Singapore

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It is a parent’s duty to maintain the child until the child reaches adulthood whether or not he has custody. Similarly, a parent’s right to have access to his child is sacrosanct and will be jealously guarded by the Court. Only in very extreme circumstances will access be taken away from a parent e.g. where there is violence.   In the case of alleged violence, the Court may still give supervised access.

At PKWA Law, our team of child custody lawyers strongly believe that parents should co-operate with each other when it comes to parenting the child.  A child needs both parents’ love and attention and parents should take care to ensure that their divorce does not affect the child adversely.

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RELATED ARTICLES:

Custody of Child – do children get a voice?

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ABOUT PKWA LAW – CHILD CUSTODY LAWYERS

At PKWA Law, our team of Family Lawyers are consistently named as leading Singapore divorce lawyers by respected independent legal publications such as Asian Legal Business, Singapore Business Review, Global Law Experts and Doyle’s Guide to Singapore Family Lawyers.  Our family lawyers are specialists in divorce law and children custody issues.

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