Children after divorce: custody, care and control, and access

The welfare principle

In any decision about a child, the court treats the child's welfare as the paramount consideration. Welfare is understood broadly, covering the child's physical comfort as well as emotional, mental, moral and religious well-being. For these purposes, a child of the marriage is a child below 21.

Parents are encouraged to agree on arrangements themselves, with help from mediation at the Family Justice Courts if needed. Parents with a child below 21 must also complete the Co-Parenting Programme before filing for divorce.

Custody

Custody is the authority to make major, long-term decisions about a child, such as schooling, medical treatment and religious upbringing. It does not decide where the child lives.

• Joint custody is the most common order. Both parents must consult and agree on major decisions, and it can be ordered even where there is some tension between them.
• Sole custody is exceptional. It may be ordered where there is abuse, or where the parents cannot cooperate at all and this is harming the child.
• A hybrid order gives one parent custody but requires them to consult the other on the child's welfare.
• Split arrangements, where siblings are with different parents, are uncommon, as courts generally prefer to keep siblings together.

Care and control

Care and control decides which parent the child lives with and who handles daily matters such as meals, school and routines. In many cases, particularly with young children, care and control has gone to the mother, often because she was the main caregiver. A father can obtain it where he shows that this is better for the child.

Shared care and control, where the child spends roughly equal time in each home, is possible but less common. Courts tend to consider it only where the parents live close by, communicate well and the arrangement is workable for the child.

Access

The parent without care and control is usually given access, meaning time with the child. Orders may be worded generally as reasonable access, or set out a timetable covering weekdays, weekends, school holidays, public holidays and special occasions.

Supervised access may be ordered where the child needs protection or where the relationship needs support, with time spent under a neutral third party. Supervised handovers can be used to reduce conflict at pickups.

How the court decides

There is no fixed list, but judges commonly look at each parent's bond with the child and history of care, the child's needs and need for stability, the benefit of both parents being involved, keeping siblings together, and each parent's willingness to support the child's relationship with the other parent. Older children's views can carry weight. Where needed, the court may call for a custody or access evaluation report.

Travel and relocation

Taking a child to live overseas needs the other parent's written consent or the court's permission. The court looks at the reasons for the move, the child's ties to Singapore and whether there is a realistic plan for the child to keep in contact with the parent left behind.

When orders are not followed or need to change

Both parents must follow the orders made. If a parent refuses access or does not return a child, the other parent can apply to the court to enforce the order, and the court can impose penalties.

Custody, care and control and access orders can be varied if there is a material change in circumstances, such as a move, a change in the child's schooling needs or repeated breaches.

Getting advice

Arrangements for children are personal and every family is different. A family lawyer can help you think through proposals and explain how the court is likely to approach your situation.