Lawyer RAJAN CHETTIAR outlines Singapore’s stance on child custody issues.

In Singapore, child custody laws are twofold. Joint custody ensures both parents raise the child and make joint decisions on matters such as education and medical treatment. Care and control awards care and control to one parent, while the other parent retains visitation rights.    

          Singapore’s Family Court tends to award care and control to the mother. While this isn’t automatic, it is a reflection of the importance society places on the mother’s role – regardless of whether she is working or a homemaker. If your child is more than 14 years of age and sufficiently mature, he or she can decide which parent they wish to live with. The Family Court Judge will then meet with your child privately, to ensure they are aware of the consequences of their decision.

            Fathers often wish to gain custody, but it’s usually an uphill battle – particularly if the mother doesn’t consent. Even a “hands-on” father isn’t automatically entitled to gain care and control. In fact, past precedents have shown a mother can even gain care and control in the following circumstances:

• Left her children and then returned.
• Caused a marriage breakdown, or inflicted violence on her husband.
• Committed adultery, or demonstrated bad vices.
• Unreasonable behaviour as a wife.

One way fathers can gain care and control is to prove their ex-wife is physically or mentally unfit, or has neglected or abused the child, though it may be difficult to gain sufficient evidence to demonstrate this. If you’ve played a significant role in caring for your child – either on your own or with help from family – you can seek a “split care and control” order, which means your child will split his or her time between both parents’ households, however, unless the children do not attend formal school, the Court usually won’t agree to this. Also, the Court does not favour splitting siblings up – as children of divorce find it easier to adjust if they have each other for support.

            The Court will consider all evidence and legal arguments before making a judgment in the "best interests of the child", which will outline the following access rights for the non-custodial parent:

• Daytime and some weekday evenings.
• Overnight weekends twice a month.
• School and Christmas/Easter holidays.
• Child or parent’s birthday.
• Overseas travel.

Rajan Chettiar
Commissioner for Oaths, Mediator LLB (Honours), Barrister-at-law (Middle Temple), UK