When couples with children get divorced in Singapore, matters related to custody and care and control of any children below the age of 21 are decided by a Family Court judge
The difference between custody and care and control is extremely important. Custody determines which parent has the final say in key decisions regarding the child’s life, such as healthcare, education, and religion
Care and control determines which parent the child will live with and be the primary caregiver – while custody can be shared, only one parent can be granted care and control
The judge will issue child custody orders based on the “welfare principle”, which evaluates the best interest of the child, not the desires of the parent. Here, we further explore the 4 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 are a combination of sole and joint custody orders. Only one parent is granted custody of the child, but the custodial parent is required to consult with the other (non-custodial) parent and obtain consent prior to making any major decisions concerning the child’s welfare or upbringing. Such decisions can include the choice of school, 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, an explanation must be submitted as an Affidavit of Assets and Means.
In the event of custody disputes, the Court may call for a Custody Evaluation Report (CER), which will be done by counsellors from the Family and Juvenile Justice Centre
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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Modifying Custody Arrangements After Divorce
In some cases, custody arrangements established during divorce proceedings may no longer be suitable as circumstances change. Parents who wish to alter child custody after divorce must apply for a Court modification, but only if they can prove that a significant change in circumstances affects the child’s welfare.
Valid Reasons for Modifying Custody Orders:
- Relocation: If one parent needs to move overseas for work or personal reasons, a custody modification may be necessary to adjust access arrangements.
- Change in Parental Capability: If a parent experiences a decline in health, financial stability, or overall ability to care for the child, the Court may review the custody order.
- Child’s Needs and Preferences: As the child grows older, their educational, medical, or personal needs may require an adjustment in custody arrangements.
- Parental Misconduct: If a parent exhibits neglectful or harmful behaviour, such as substance abuse, domestic violence, or emotional manipulation, the other parent may apply for sole custody.
The Court does not modify custody arrangements lightly; parents must provide strong legal and factual justifications to support their request. If both parents agree on the change, they may settle the matter through mediation rather than litigation.
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.
- 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
- 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
- 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 After Divorce 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 recognize 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 After Divorce 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 takes care of their daily needs. 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.
