6 Types of Child Custody After Divorce In Singapore

For any parent going through a Divorce, the most important question is always: “What will happen to my children?”

The path forward can seem uncertain, especially when trying to understand the legal framework for child custody in Singapore. Making sense of terms like ‘custody,’ ‘care and control,’ and ‘access’ is the first step towards securing a stable, loving future for your family after Divorce.

This guide is designed to provide the clarity you need during this challenging time.

What Is Child Custody?

In Singapore, child custody refers to the legal authority to make major decisions concerning a child’s upbringing. These decisions are pivotal to a child’s future and include matters such as:

• Education
• Religion
• Healthcare

The parent with custody is entrusted with the long-term welfare of the child. The Court’s primary objective is to ensure that the child’s best interests are always at the forefront of any custody arrangement.

Here, we further explore the 6 types of child custody after divorce in Singapore

1. Sole Custody Order

Under the sole custody order, only one parent is granted custody and is the child’s sole decision-maker. The Court often grants sole custody orders in cases where:

• Both parties are acrimonious with each other and unable to communicate amicably.
• A parent has “given up” or renounced custody over the child to benefit in other ancillary matters.
• A parent is abusive or absent.

Do note that the non-custodial parent may be granted visitation rights, referred to as “access”. These visits are usually unsupervised. However, in the event that the parent has a history of domestic violence, the Court may require that visits be supervised.

2. Joint Custody Order

Under joint custody, parents can make major decisions about the child’s upbringing. However, this requires that both parents cooperate and communicate with each other in the child’s best interests. Compared to sole custody orders, joint custody orders are more common in divorce proceedings.

3. Hybrid Custody Order

Hybrid custody orders combine sole and joint custody. Only one parent is granted custody of the child, but the custodial parent must consult with the other (non-custodial) parent and obtain consent before making any major decisions regarding the child’s welfare or upbringing. Such decisions can include school choice, relocation to another country, the child’s religion, and more.

4. Split Custody Order

In such cases, the Court will grant custody of one or more siblings to one parent and custody of the other siblings to the other parent.

Split custody orders are rare in Singapore, as the Court usually prefers not to split up the children in a divorce. If parents seek a split-custody order, they must submit an Affidavit of Assets and Means explaining their financial circumstances.

A CER may be ordered if there are allegations of the child being alienated from a parent, accusations of brainwashing by one of the parents, or other very acrimonious disputes.

5. No Custody Order (Or Access Order)

In some cases, the Court may decide not to make a specific custody order but may instead focus on access or visitation rights for the parents.

Such an approach can be chosen if the Court deems it unnecessary to formally grant custody to one parent while ensuring that the non-custodial parent maintains a meaningful relationship with the child.

Access orders can vary widely and include supervised visits, day visits, or even overnight stays, depending on the circumstances and what is deemed best for the child’s well-being.

6. Care And Control Order

A Care and Control Order specifies which parent the child will live with on a day-to-day basis.

The parent granted care and control has the authority to make everyday decisions regarding the child’s upbringing, such as those related to education, health, and routine activities.

While one parent has care and control, the other parent may be granted access rights to ensure they remain actively involved in the child’s life.

The Key Differences: Custody vs. Care And Control

While often used interchangeably in casual conversation, the terms “custody” and “care and control” have distinct legal meanings in Singapore family law. Understanding this difference is fundamental to navigating any Divorce involving children.

Think of it this way: child custody is about authority, while care and control are about the day-to-day reality.

Custody: The Power To Make Major Decisions

The custody of a child in Singapore grants a parent the legal authority to make critical long-term decisions that shape a child’s future. It is about the rights and responsibilities of making significant choices regarding the child’s:

• Education: Such as which school the child attends.
• Religion: Determining the child’s religious upbringing and practices.
• Major Healthcare: Making decisions on significant medical treatments or surgeries.

Because these decisions have a lasting impact, the Court in Singapore strongly encourages co-parenting. This is why a Joint Custody order, where both parents must consult and agree on these major issues, is the most common arrangement. It ensures both parents remain pivotal figures in the child’s life, even after a Divorce.

Care and Control: The Responsibility For Daily Life

Care and control, on the other hand, determine which parent the child will live with. This parent is responsible for the child’s day-to-day matters and well-being. This includes:

• Daily Routines: Managing meals, bedtime, and daily schedules.
• Schooling: Ensuring homework is completed and the child arrives at school on time.
• General Upbringing: Making everyday parenting decisions.

Typically, one parent is granted sole care and control, making them the child’s primary caregiver. The other parent is then given access (visitation rights) to ensure they maintain a regular and meaningful relationship with the child. This structure provides the child with a stable, consistent home environment, which is crucial to their development.

Factors The Court Considers In Custody Decisions

When determining child custody after divorce in Singapore, the Court’s primary consideration is always the child’s best interests. Custody decisions are not based solely on parental preference but rather on various factors that ensure the child’s welfare and overall well-being.

1. The Child’s Welfare – The Court prioritises the child’s physical, emotional, and psychological well-being. Any arrangement that disrupts the child’s stability or safety is unlikely to be granted.
2. The Parents’ Capability – The Court examines each parent’s ability to care for and support the child, considering their financial stability, mental well-being, and overall conduct.
3. The Child’s Wishes – If the child is of sufficient age and maturity, the Court may consider their preferences when deciding on custody arrangements. However, the final decision still depends on what
4. Existing Parent-Child Relationship – The Court assesses the bond between the child and each parent, as well as who has been the primary caregiver before and after the divorce.
5. Parental Behaviour and Conduct – Any history of abuse, neglect, or irresponsible behaviour will negatively impact a parent’s chance of gaining custody. The Court also discourages parents who attempt to alienate the child from the other parent.
6. Co-Parenting Ability – For joint custody to be considered, both parents must demonstrate a willingness to cooperate and communicate effectively for the child’s benefit. If one parent is unwilling or unable to work collaboratively, sole custody may be preferred.

What Is Care And Control?

Care and control answer the fundamental question: “Which parent will the child live with?”

This concept centers on the day-to-day responsibilities of raising a child and providing a stable home environment. The parent who is granted care and control becomes the primary caregiver.

What Does Having Care and Control Entail?

The parent with care and control is responsible for the child’s daily life and routine. Their duties include:

• Managing Daily Schedules: Handling everything from waking the child up for school to their bedtime routine.
• Providing for Daily Needs: Ensuring the child has regular, nutritious meals and appropriate clothing.
• Overseeing Education: Helping with homework, communicating with teachers, and managing school-related activities.
• Making Everyday Decisions: Deciding on things like playdates, extracurricular activities, and screen time.

Essentially, this parent provides the child’s primary home and structure.

How Does the Court Decide Who Gets Care and Control?

The Court’s decision is guided by the welfare principle, meaning every choice is based on the child’s best interests. There is no automatic rule, but the Court will carefully consider several factors:

• The Primary Caregiver: The Court often considers which parent was the primary caregiver during the marriage. This parent is typically more attuned to the child’s daily needs and routines.
• The Child’s Needs: The child’s age is a significant factor. Younger children, for example, may have a greater need for their mother, especially if she has been the primary caregiver.
• The Parents’ Ability: The Court assesses each parent’s capacity to provide a safe, stable, and nurturing environment.
• The Child’s Wishes: For older, more mature children, their preferences may be considered.

While mothers have traditionally been granted care and control, this is not a legal presumption. Fathers are increasingly being granted care and control if it is determined to be in the child’s best interests.

The Importance Of Child Access

After a Divorce, the Court’s goal is to ensure the child maintains a healthy and meaningful relationship with both parents. Child access is the legal mechanism that enables this. It is granted to the parent who does not have care and control, allowing them to spend regular time with their child.

The underlying principle is that it is almost always in the child’s best interest to have both parents actively involved in their life. Access is not just a parent’s right; more importantly, it is the child’s right to maintain a continuing bond with both their mother and father.

What Does “Reasonable Access” Mean In Practice?

You will often see the term “reasonable access” in Court orders. This is a flexible arrangement that allows parents to coordinate their schedules in a spirit of cooperation. However, when parents cannot agree, the Court will step in to provide a structured and specific schedule.

Types Of Child Access Orders

To cater to the unique needs of each family, the Court can order different types of access:

• Liberal Access: This is an open-ended arrangement where the specific timings are left to the parents to agree upon. It requires a high degree of communication and cooperation.
• Fixed or Structured Access: This is a detailed schedule that specifies the exact days and times for access. It often includes arrangements for:
  • Weekdays and weekends (including overnight stays)
  • Public holidays and school holidays (often divided between parents)
  • Special occasions, such as the child’s birthday, Mother’s Day, and Father’s Day.
• Supervised Access: In rare situations where there are concerns about the child’s safety or well-being (e.g., a history of family violence or neglect), the Court may order supervised access. During these visits, another adult, such as a relative or a professional from a designated agency, must be present. The primary goal of supervised access is often to help rebuild the parent-child relationship in a safe environment, with the hope of eventually moving to unsupervised access.

How Does The Court Decide On The Amount Of Access?

There is no one-size-fits-all formula. The Court takes a practical and child-centric approach, considering various factors to create an access schedule that is workable and beneficial for the child. These factors include:

• The Child’s Needs and Wishes: The age, schedule, and developmental needs of the child are paramount. For older children, their expressed wishes will be given significant weight.
• The History of the Relationship: The Court will consider the level of contact the access parent had with the child before the Divorce.
• The Parents’ Schedules: Practical considerations, such as work schedules and living arrangements, will be taken into account to create a realistic plan.

Differences Between Custody, Care, And Control, And Access

In Singapore, child custody after divorce is classified into three main aspects: custody, care and control, and access. While these terms are often used interchangeably, they refer to different legal rights and responsibilities regarding the child.

1. Custody – Refers to the legal authority to make major decisions about the child’s upbringing, such as education, healthcare, and religious matters.
   • Sole Custody: One parent has full decision-making authority.
   • Joint Custody: Both parents must agree on major decisions together.
   • Hybrid Custody: One parent has the final say but must consult the other before making decisions.
2. Care and Control – This determines which parent the child lives with on a day-to-day basis. With care and control, the parent handles daily routines, schooling, and overall supervision.
   • Usually granted to one parent (commonly the mother), while the other parent has access rights.
   • Shared care and control are rare and only granted if both parents can cooperate effectively.
3. Access – The legal right for the non-custodial parent to spend time with the child. Access arrangements vary depending on the situation and may include:
   • Unsupervised Access: The parent has free interaction with the child.
   • Supervised Access: A third party or professional oversees the visit.
   • Electronic Access: Communication through phone calls or video chats when in-person visits are not feasible.

Conclusion About Child Custody, Care & Control In Singapore

Divorce is never easy, but it can be especially difficult if you have kids. Should you find yourself with legal grounds for divorce, it’s important to think about the best possible arrangement for your children.

Give yourself a better chance of getting the outcome you desire while ensuring your children are protected as much as possible.

Get in touch with our experienced Divorce lawyers in Singapore for more information on all matters related to divorce, including custody orders, child maintenance, and more.

While specialising in family law, we also recognise the interconnectedness of legal matters. Should your situation require the expertise of a criminal lawyer in Singapore, we are well-equipped to provide comprehensive legal solutions.

Contact us today to schedule a consultation and let our dedicated team help you navigate the complexities of family law. Your family’s future is our priority.

Frequently Asked Questions About Child Custody, Care & Control In Singapore

Can Grandparents Or Other Relatives Apply For Custody Of The Child?

Yes, in certain circumstances, grandparents or other relatives can apply for custody, care, or control of the child if it is in the child’s best interests.

How Does The Court Handle Relocation Requests If One Parent Wants To Move Abroad With The Child?

The Court carefully evaluates relocation requests, considering the impact on the child’s welfare, the reasons for the move, and the feasibility of maintaining a meaningful relationship with the non-relocating parent.

What Is The Difference Between Physical Custody And Legal Custody?

Physical custody refers to where the child lives and who is responsible for their daily care. Legal custody refers to the authority to make major decisions about the child’s upbringing, such as education, healthcare, and religion.

How Can Parents Modify Existing Custody Orders?

Parents can apply to the Court to modify existing custody orders if there has been a significant change in circumstances that affects the child’s welfare. The Court will review the new circumstances and make a decision in the child’s best interests.

Are There Any Support Services Available For Children Going Through Their Parents’ Divorce?

Yes, there are various support services, including counselling and mediation services provided by organisations such as the Family Justice Courts and the Ministry of Social and Family Development, aimed at helping children cope with the emotional impact of their parents’ divorce.

Can A Child Refuse To Visit The Non-Custodial Parent?

While a child’s wishes are considered, the Court typically encourages maintaining a relationship with both parents. If a child refuses visitation, the reasons will be examined, and adjustments to the access arrangements may be made if necessary.