When going through a divorce in Singapore and there are children involved, the focus of the court is always on what is best for the children.
Over the years, there have been important developments in how the Family Justice Courts handle such matters, with a clear move towards helping families find respectful, long-term solutions, especially when children’s wellbeing is at stake.
Here’s what you need to know if you are separating or divorcing and want to understand how children’s issues are addressed in Singapore.
A New Way Forward: The Therapeutic Justice Approach
Singapore’s Family Justice Courts now use what’s known as the Therapeutic Justice (TJ) model. It encourages separating parents to work together with the help of judges, lawyers, and trained professionals—such as counsellors and social workers—rather than battling it out in court.
The aim is to reduce conflict and support healing. Judges may suggest services like child-focused counselling early on, especially where younger children are involved. This approach helps families avoid unnecessary stress and legal fights, and instead focus on making arrangements that work in the long run.
Mandatory Co-Parenting Programme
Before filing for divorce, all parents with children under 21 must complete a Co-Parenting Programme. It consists of an online learning session and a consultation. The programme helps parents reflect on their situation, understand how divorce affects their children, and plan for shared parenting after separation. This is free of charge and applies even if you’re only responding to your spouse’s divorce application.
Read more: Mandatory Co-Parenting Programme (CPP) 2023
Custody, Care and Access – What These Terms Really Mean
In Singapore:
- Custody is about major decisions (like education and medical care). Courts usually award joint custody, meaning both parents must discuss and agree on such matters.
- Care and Control refers to who the child lives with on a daily basis. There is no automatic rule here—the courts decide based on what is best for the child’s daily routine and emotional needs.
- Access means the time the other parent gets to spend with the child. The usual position is unsupervised access, unless there are serious concerns like safety risks.
Read more: Child Custody – Care and Control and Access in Singapore
Maintenance – Providing for Your Child’s Needs
When it comes to child maintenance (financial support), the court looks at what the child reasonably needs and what each parent can afford. There is no fixed rule that both parents must pay equally. Instead, it depends on factors like income, earning potential, and non-financial contributions.
Recently, the courts have taken a “budget approach”, where expenses are grouped into practical categories (like food, education, and transport), and a fair amount is assigned to each. This creates transparency and makes co-parenting smoother.
Read more: When does a child need to be maintained?
Relocation and Child Abduction
If one parent wants to move overseas with the child, they must apply for permission. The court will carefully consider how the move affects the child’s wellbeing—looking at factors like stability, access to education, and whether the child can maintain a close relationship with the parent staying behind.
Singapore is part of the Hague Convention on International Child Abduction, which helps to protect children who are wrongfully taken across borders. However, complications arise when the country involved is not part of this treaty, which makes it much harder to bring the child back.
Read more: Relocation, Travel, and International Child Custody: A Comprehensive Guide
Understanding the Diagrams – What the Court Process Looks Like
Several helpful illustrations in the original material explain how the process works. Here’s what they mean in simple terms:
Step-by-Step Divorce with Children Involved
If you are getting divorced and have children, your case will go through specific stages:
- Early Assessment: You fill in a form that helps the court understand your situation and your children’s needs.
- Mediation and Counselling: A judge and trained professionals will help both parents talk through issues and try to reach an agreement.
- Case Review and Final Hearing: If there are still unresolved matters, the court will step in and make decisions focused on what’s best for the child.
- After the Order: Even after the court has made its decision, there may be follow-ups to make sure everything is working well for the family.
Who’s Involved in Helping Your Family?
The diagrams show the wide network of people involved in supporting families:
- Parents are encouraged to focus on the child’s needs and avoid conflict.
- Lawyers explain your options and guide you towards child-focused solutions.
- Judges and Family Specialists help manage your case and provide direction.
- External Professionals like counsellors or psychologists can be involved when necessary to help with family dynamics or assessments.
What Does the Court Look At When Making Decisions?
When deciding who should have care and control, or whether a child can relocate, the court will think about:
- Who the child is more comfortable with on a day-to-day basis
- Whether both parents are actively involved and capable
- The importance of keeping siblings together
- The emotional and developmental needs of the child
- The child’s own preferences, depending on their age
It’s not just about who earns more or who has more time—it’s about what setup will allow the child to thrive.
Key Takeaway:
Parents who intend to apply of relocation should focus on:
- A plan accounting for the needs of the children in destination country; and
- A post-relocation access plan to ensure the preservation of the relationship between the child and the non-relocating parent.
Final Thoughts
Singapore’s approach to children’s issues in divorce is focused on cooperation, child wellbeing, and long-term solutions. If you’re facing decisions about custody, access, or relocation, it’s important to get clear guidance early on.
At every stage, the goal is to ensure that your child continues to feel safe, supported, and loved, even as the family structure changes.
We’re here for you
At Gloria James-Civetta & Co, we aim to find a solution that will work for you and your family. Our matrimonial law team will provide a consultation tailored to your circumstances and needs.
