If you’re going through a divorce or applying for a protection order, chances are you’ve heard the term mandatory counselling. In Singapore, this isn’t just a suggestion—it’s a court-ordered step meant to support families in crisis and protect vulnerable individuals. The goal is to reduce conflict, promote safety, and help people work toward healthier resolutions.
Since 2011, mandatory counselling has been rolled out in phases, starting with divorcing parents of children under 8, and eventually applying to all parents with children under 21 by 2014. It also applies in cases involving family violence, youth offences, and other sensitive matters where professional guidance is essential.
This guide will walk you through how mandatory counselling works, when it’s required, what to expect, and what happens if you ignore it.
What Is Mandatory Counselling And Why Is It Ordered?
Mandatory counselling is a court-ordered intervention aimed at helping individuals resolve disputes, improve relationships, or protect vulnerable parties, especially in family-related cases. It is typically ordered in matters involving family violence, divorce, or the welfare of children. The goal is to promote emotional safety, reduce conflict, and support long-term behavioural change.
Unlike voluntary counselling, which individuals choose to attend on their own, mandatory counselling is legally imposed by the court as part of a legal process. It is not optional and may be a prerequisite for further court proceedings or orders. This legal requirement ensures that parties take active steps toward resolution and personal accountability.
Legal Basis For Counselling Orders
The authority for mandatory counselling in Singapore stems primarily from the Women’s Charter, which governs matters such as family violence, divorce, and child protection. This legislation empowers the courts to mandate counselling when it is in the best interest of affected parties, especially children. Other statutes may also apply depending on the nature of the case.
Judges have the discretion to order counselling based on the specific circumstances presented in court. The decision is often guided by policy goals such as protecting family units, reducing harm, and encouraging rehabilitation. This reflects the judiciary’s broader commitment to resolving disputes constructively rather than punitively.
When Is Counselling Ordered By The Court?
1. Divorce Proceedings Involving Children Under 21
In Singapore, divorcing couples with at least one child below 21 years old are legally required to attend mandatory counselling and mediation. This process aims to ensure that the welfare of the child remains a central focus during divorce proceedings. It also encourages parents to resolve their disputes amicably and constructively.
The court appoints both a mediator and a Court Family Specialist (CFS) to guide the couple through emotional and practical matters. These professionals help parents navigate issues such as child custody, living arrangements, and division of assets. Counselling sessions also equip couples with communication and emotional regulation skills.
Children may be involved in the counselling process if the court deems it appropriate. Their participation allows specialists to better assess their emotional needs and suggest appropriate interventions. This child-inclusive approach ensures that support plans are holistic and tailored to the family’s unique dynamics.
2. Family Violence
Mandatory counselling is often ordered by the court in cases involving family violence. Singapore’s Women’s Charter defines family violence as harm that can be physical, emotional, or psychological, caused by someone considered a family member.
The court may direct counselling to take place during proceedings involving a Personal Protection Order (PPO) application. A PPO serves to legally prevent the Respondent from continuing harmful behavior toward the Complainant.
During this process, both the Complainant (the person seeking protection) and the Respondent may be required to attend counselling with a Court Family Specialist (CFS). These sessions aim to improve safety and support respectful conflict resolution within the family.
The Women’s Charter defines a “family member” broadly. It includes a spouse or ex-spouse, child (including adopted or step-child), parent, parent-in-law, sibling, or any other relative or dependent whom the court sees as family in the situation.
In some cases, the court arranges a structured meeting—known as a family conference—that may involve joint or separate counselling for household members. If a Counselling and Guidance Order (CGO) is issued alongside the PPO, counselling becomes mandatory and is arranged through a Ministry of Social and Family Development (MSF)-appointed agency. Children may also be involved if appropriate.
3. Youth Offenders And Court-Ordered Counselling
When a young person is charged with committing an offence, the case is heard in the Youth Courts. These courts may require the youth and their parents or guardians to attend mandatory counselling. This helps improve the home environment and encourages accountability in the youth’s behaviour.
Counselling in these cases aims to mend strained relationships at home and help youths take responsibility for their actions. The court may also assign additional programmes depending on the offence and the youth’s needs.
4. Children Requiring State Intervention
In more serious situations, the MSF’s Child Protective Service (CPS) may step in. This happens when there are signs of severe harm, such as sexual abuse, serious neglect, or injuries caused by a caregiver.
Counselling can be part of the intervention plan. In extreme cases, the child may also be removed from the home and placed in foster care for safety.
5. Children In Need of Protection And Support
Not all cases require urgent state action, but some children still need protection. These might involve excessive punishment, poor supervision, or unresolved emotional conflict.
Families in such situations may be referred to Child Protection Specialist Centres (CPSCs) for follow-up care. Through these centres, counselling is used to strengthen parenting skills and restore safe, supportive family dynamics.
6. Pre-Abortion
Mandatory counselling is also required in cases involving the termination of pregnancy. This applies even though it falls outside the usual scope of divorce or family violence.
According to the Ministry of Health’s Guidelines on Termination of Pregnancy, any woman seeking an abortion in Singapore must attend pre-abortion counselling. This requirement applies regardless of her nationality, education level, or how many children she has.
The purpose of the session is to provide accurate information about the abortion procedure and its possible risks. Counsellors take time to understand the woman’s motivations and introduce other possible options she might not have considered.
This process ensures that the woman is making a fully informed and considered choice. It reflects a national policy of safeguarding both physical and emotional well-being in sensitive medical situations.
What Is The Process Of Mandatory Counselling?
1. Receiving The Counselling Order
The process starts when the court issues a Counselling Order, which is a legal directive requiring one or more parties to attend counselling sessions. This is commonly done alongside other measures, such as a Personal Protection Order (PPO) or community-based rehabilitation for youth offenders.
The court will explain the purpose of the counselling, the expected outcomes, and the consequences of not complying. Whether it’s a family violence case, divorce involving children, or a youth offence, the Counselling Order is treated as a formal and enforceable obligation under the law.
2. Referral And Appointment Setup
Once the counselling order is issued, the court refers the case to a Court Family Specialist (CFS) or a Social Service Agency assigned by the Ministry of Social and Family Development (MSF). The appointed counsellor will contact the parties to arrange the first session and provide initial guidance on what to expect.
An intake interview may be conducted to understand the background and emotional context of the case. This helps the counsellor plan whether sessions should be individual, with family members, or in a group. The goal is to tailor support based on the issues raised in court and the needs of the people involved.
3. Attending The First Counselling Session
The first session is typically held with a Court Family Specialist (CFS) or a counsellor from a Social Service Agency, depending on the case. This session may involve just the individual or include family members, depending on what the counsellor thinks is most effective. In some situations, group sessions with others facing similar issues may also be arranged.
The session usually lasts around 90 minutes and focuses on identifying key problems, emotional triggers, and possible ways forward. The counsellor explains the process, confidentiality terms, and expected conduct. This first meeting sets the tone for the rest of the counselling journey and must be taken seriously.
4. Progress Through Counselling
After the initial session, follow-up counselling continues based on the needs of the case and the progress made by the parties involved. Sessions may address emotional conflict, communication breakdowns, or parenting concerns—especially in family violence and youth rehabilitation cases.
The counsellor tracks attendance, engagement, and behavioural changes. This information is compiled into a Review Report submitted to the Family Justice Courts and the Ministry of Social and Family Development (MSF) before the scheduled Court Review. This report helps the judge assess whether the counselling is effective or if further sessions are needed.
5. Submission Of Progress Report
As counselling progresses, the counsellor prepares a Review Report to update the Family Justice Courts and the Ministry of Social and Family Development (MSF). This report includes attendance records, observed behavioural changes, and an overall assessment of the parties’ willingness to engage in the process.
The report is submitted before the Court Review, which is a scheduled hearing where the judge evaluates the effectiveness of the counselling. Based on the findings, the court will decide whether to discharge the Counselling Order, extend it, or request additional sessions.
6. Attending The Court Review
The Court Review is a follow-up hearing where the judge examines how the parties have progressed since counselling began. This review is based on the official report submitted by the counsellor, which outlines the level of cooperation, changes in behaviour, and overall participation in the sessions.
During the review, the judge may choose to continue, amend, or discharge the Counselling Order, depending on the outcomes achieved. If there are signs of improvement, the parties might be released from further counselling. However, if concerns remain, the court may schedule another review and extend the counselling period.
7. Completion Or Continuation
After the Court Review, the judge will decide whether to end the Counselling Order or keep it in effect. This decision is based on the progress noted in the counselling report, including the parties’ cooperation and any positive behavioural changes.
If counselling has met its goals, the court may formally discharge the parties from further sessions. If not, the judge can extend the order and schedule a second review. Continued counselling gives the parties more time to work through unresolved issues with professional support.
What Happens If You Fail To Comply
Failing to attend mandatory counselling is treated as a violation of a court order, which means you could be charged with contempt of court. This is a serious offence and may result in legal penalties such as fines or further court action. The court expects full cooperation from those ordered to undergo counselling.
In youth-related cases, parents or guardians may be required to sign a bond to guarantee the child’s attendance. If the order is ignored, the bond can be forfeited and the adult may face a fine of up to S$2,000. Non-compliance may also delay the case outcome or affect future court decisions.
Conclusion About Mandatory Counselling In Singapore’s Legal System
Mandatory counselling in Singapore’s legal system plays a vital role in promoting safety, healing, and accountability. Whether it’s tied to family disputes, youth offences, or protection orders, the process ensures that emotional and relational issues are addressed—not just the legal ones. It’s a structured yet compassionate tool that supports long-term solutions for families and individuals in conflict.
At Tembusu Law, we understand the sensitive nature of court-ordered counselling. Our experienced family lawyers provide practical, respectful, and reliable advice to help you navigate each step confidently. If you or your loved one has received a counselling order, we’re here to support you with clarity and care.
Contact us now for a free consultation!
Frequently Asked Questions About Mandatory Counselling In Singapore’s Legal System
Who Needs To Attend Mandatory Counselling?
Anyone ordered by the court, such as divorcing parents, individuals in family violence cases, or youth offenders, must attend. In some cases, parents or caregivers may also be required to participate.
Is Mandatory Counselling The Same As Voluntary Counselling?
No, mandatory counselling is legally required by the court, while voluntary counselling is chosen by the individual. Missing mandatory sessions can lead to legal consequences.
When Is Mandatory Counselling Usually Ordered By The Court?
It is typically ordered in situations involving divorce with children under 21, personal protection orders, or youth offences. The purpose is to promote safety, rehabilitation, or conflict resolution.
What Happens If I Miss A Counselling Session?
Missing a session without a valid reason may be seen as breaching a court order. This can result in penalties such as fines or further legal action.
How Long Does Mandatory Counselling Last?
It depends on the case, but sessions may continue for several months and are reviewed by the court.
