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What Is Child Custody?

Child custody is the legal term referring to the authority given to the parent/s to make major and long-term decisions regarding the child’s upbringing, including education, healthcare and religion.

Child Custody
Child Custody

What Are the Types of Child Custody Orders?

There are commonly two types of child custody orders in Singapore, as follows:

Joint Custody

Custody of the child is shared by both parents, which means that both parents are granted equal rights to make major decisions regarding their child’s life. Here, the parents need to facilitate open communication and reach a mutual agreement for every major decision involved in raising their child.

Joint custody is preferred by the Singapore Courts as this order recognises the value that each parent can contribute to the life of a child. It also imparts a key message that neither parent is better than the other, and so it fosters cooperation and respect between the two.

Sole Custody

Custody of the child is given to only one parent or guardian. There are certain situations in which the Court finds this order suitable, as follows:
  • The parents’ relationship has completely deteriorated, prohibiting clear and harmonious communication.
  • One parent has already given up or renounced the child’s custody to the other parent.
  • One parent has been found to have abused the child in the past.
The parent having sole custody does not however have the sole discretion to change the child’s surname or to relocate out of Singapore with the child and the consent of the other parent would still be required in such circumstances.

Care and Control - How Is It Different from Child Custody?

As mentioned above, custody of a child in Singapore refers to decision-making rights for the child with regards to upbringing and major life decisions. Care and control, meanwhile, is concerned with day-to-day matters of the child, including deciding where the child will live, what he or she will eat, etc. Typically, the child would live most of the time with the parent having care and control. The parent who is not granted care and control can still be given access to the child, referring to visitation rights or ‘contact’. Dispute usually arises over the issue of which parent has care and control as compared to which parent has custody though the two concepts are often conflated.

What Are the Types of Care and Control Orders?

  • Sole care and control - The parent who is the primary caregiver will usually be granted sole care and control of the child with the other parent having access to the child.
  • Shared care and control - Both parents share time with the child, on an equal basis as far as possible. There is a lot of flexibility in this arrangement and can include spending alternate weeks with each parent, 4 days with one parent and 3 days with the other parent and so on. This arrangement can only work if parents have a good working relationship and are able to put aside their differences for the child’s benefit. Parents should also be mindful that the arrangement does not become too disruptive for the child as they would have to essentially shuttle between two households.
  • Split care and control - This is a situation where siblings are split with one parent having care of one or more of the siblings and the other parent having care of the rest. The Court does not usually endorse these type of arrangements as it will impact the bond between the siblings. However, if parents are able to explain to the Court why this arrangement would be in the children’s best interests, for example, where one parent does not have the capability to care for all the children on their own and further, that arrangements would be made for all the siblings to still spend time together despite the split care order, the Court may grant such an order.

How can we determine what type of Child Custody and Care and Control orders apply?

To determine which type of order is appropriate, the Singapore Court uses the welfare principle, which serves as a guiding map for the Court to always make decisions tailored for the child’s best interest. This principle considers the child’s physical comfort, financial needs, and moral, religious, social and educational welfare.

Before making orders on custody and care and control of the children, it is mandatory for parents to undergo counselling and mediation. The Court can also order a social welfare report to help identify the child’ and parents’ status and the kind of care arrangements suitable for all parties involved. Sometimes, the judges may ask to speak to the children. Factors and issues that the Court will consider in making a decision includes:

  • primary and main caregivers during the child’s formative years
  • current living arrangement
  • personal wishes and preference of the children
  • personal wishes and preference of the parents
  • child’s age
  • financial capability of each parent
  • availability of additional support such as an extended family member or grandparent to take care of the children

It is a common misconception that mothers will by default be granted care and control of the Child. The Court will still consider what is in the child’s best interests. We have succeeded in several cases where the Court found that it was the father who was able to provide better care for the child and was then granted care and control.

What are the rights of the parent who does not have custody and/or care and control?

The non-custodial parent has rights of access to the child. This will often be fixed on a weekly basis on a particular day and time to establish a routine. Depending on the parent’s relationship with the child and the child’s age, this can include overnight stays and overseas holidays with the access parent. It is a duty of the parent having care and control to facilitate access to the other parent so that the child can build a strong bond with both parents.

Who Are Child Custody Lawyers?

Child issues are one of the most pressing concerns for couples facing a divorce. Most, if not all, request professional assistance from a lawyer who is skilled and experienced in resolving such issues. A child custody lawyer in Singapore is an ideal option for those in need of legal advice to better understand the complexities and technicalities of child custody cases, and legal representation during the actual child custody proceedings.

If you may face a child custody dispute, please speak to us today. At Amy Lim Law Practice, our team of Singapore divorce lawyers are dedicated to protecting you and your child’s best interests. We understand the complexities of child custody cases and are here to guide you through the process.
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