Care Arrangements for Children

Our enhanced skills as mediators [IMI and SIMI Certified, Family Panel Singapore Mediation Centre], court-appointed child representative and parenting coordinator enable us to focus on the best interests of children. We endeavour to assist clients in resolving matters in a respectful way, emphasising on amicable co-parenting. This Q&A provides brief answers to some common questions on care arrangements for children.

Q: What is the difference between “custody” and “care and control”?

A: “Care and control” concerns day-to-day decision making while “custody” involves long-term decision-making on religion, education and major healthcare issues for the child.1

If one parent is granted care and control, this parent will be responsible for making day-to-day decisions for the child and the child’s primary residence will be with this parent. The other parent will usually be granted access to the child. In some instances, the court has also granted shared care and control.

It is fairly common to have an order for joint custody. Both parents will have to consult each other before any major decision for the child is made. This maintains both parents’ involvement in the child’s life. Only in exceptional cases will the court award sole custody

Q: How does the court determine care and control?

A: The paramount interest is the welfare of the child. 2 In arriving at a decision, the court will consider all circumstances, often promoting joint parenting where practical.

The court can make appropriate orders by allocating responsibilities between parents by way of custody, care and control, and access. Depending on the specific situation of the case, the court can make specific adjustments to these terms, for example, by ordering the parent with care and control to involve the other parent in the child’s school activities such as parent-teacher conferences.

Q: What is reasonable access?

A: The parent who does not reside with the child will generally be granted access. A frequently seen order is for the non-resident parent to have “reasonable” or “liberal” access. Parties can arrange amongst themselves on the terms of access. It is also possible to provide for specifics on access such as:

– Overnight access or day access

– School holidays

– Public holidays

– Access during specific holidays such as Chinese New Year, Hari Raya Puasa, Deepavali, Christmas, etc.

– Access on special occasions such as on the child’s birthday, parents’ birthdays, Father’s Day, Mother’s Day.

The list is non-exhaustive

Q: Is there counselling or mediation?

A: Where there are children below the age of 21 years, it is mandatory for parties to attend counselling and mediation at the Family Justice Courts, even if parties manage to reach an agreement on all issues after commencing proceedings in court. Counselling is conducted by Court Family Specialists with expertise in child welfare and family-related matters. Parties can also benefit from mediation conducted by Family Court Judges or trained family mediators.

 

1 CX v CY [2005] 3 SLR(R) 690 at para. 31 and 35

2 S3 of the Guardianship of Infants Act and S125(2) of the Women’s Charter