One of the most complicated parts of family law in Singapore is the child custody battle. Not only is it problematic for the parents, but also mentally and emotionally taxing to children.
Custody battles take place after divorce. Each estranged parent hires a family lawyer in Singapore to represent them in Court during the child custody battle.
All You Need To Know About Child Custody In Family Law In Singapore
Child Custody VS Care and Control VS Access
Some people use the terms child custody and care and control of children interchangeably, but in family law in Singapore, there is a hairline difference between the two.
Child custody refers to the parent’s right to make crucial decisions for their child. These decisions include educational, healthcare, and religious concerns.
On the other hand, child care and control refer to the parent’s right to decide on less crucial day-to-day decisions for their children, such as attending school and leisure activities.
Meanwhile, the court grants access to the child to the non-custodial parent for a specified period. For example, the non-custodial parent gets to see and spend time with the child during weekends.
A family lawyer in Singapore will explain the differences between these three.
4 Types Of Custody Orders
Based on the family law in Singapore, the Court can award four types of custody orders:
1. Sole Custody Order
In sole custody order, the custodial parent is the sole decision-maker or has exclusive authority to make important decisions concerning the child.
The Court only awards this order to one parent if it deems that:
- The communication between parents has broken down irretrievably, and harmonious cooperation is impossible.
- One parent has renounced or given up custody to the other parent for ancillary matters.
- One parent has a history of abuse of the child.
There may also be a personal protection order in Singapore for child abuse cases.
2. Joint Custody Order
Unlike the sole custody order, both parents are the decision makers for the child in the joint custody order. They have equal authority in making crucial decisions concerning the child, and to be able to do so, both parents must consult each other and communicate amicably to reach an agreement.
The Court awards the child’s care and control to the parent living with the child, while the parent not living with the child is granted access.
The Court grants joint custody more than sole custody as the family law in Singapore recognises the importance of both parents’ presence in a child’s life.
3. Hybrid Custody Order
The Court awards custody to one parent; however, they are required to consult the non-custodial parent when making decisions for the child, such as migrating to another country, relocating schools, and more.
4. Split Custody
Estranged couples with multiple children may be granted split custody.
In split custody, the Court may award custody of a child or children to one parent, while custody of the other sibling or siblings goes to the other parent.
However, this custody order in family law in Singapore is rare primarily because the Court, as much as possible, wants to keep siblings together to become each other’s support system.
4 Factors That Influence Court’s Decision In Awarding Custody Orders
The Family Court considers several factors when awarding child custody, and your family lawyer in Singapore also uses these factors to gain a favourable decision.
Here are the factors that affect Court’s child custody orders
1. Child’s current living arrangement
The Court may preserve the child’s current living arrangement to avoid the negative impacts of arrangement changes.
For example, if the child currently lives comfortably and satisfactory with their mother, the Court may likely award custody to the mother. If the father gets custody, the child should relocate to their father’s house, may need to transfer schools, and adapt to the new environment.
The changes could be mentally and emotionally taxing to the child, and this is what the Court wants to avoid as much as possible.
2. Primary caregiver
The Court also considers which parent spends the most time with their child and addresses their daily needs.
In addition to interviewing the parents, social welfare reports and counselling sessions evaluate the relationship the child has with their parents.
These factors help the Court determine which parent should get the child custody, care and control, and access.
Your family lawyer in Singapore can help you in this area of the custody battle.
3. Financial ability
The parent’s ability to provide for the child also matters to the Court. The Court would like to guarantee that the custodial parent can provide for the child’s education, healthcare, and essential needs, such as food, shelter, and clothing.
4. Child’s wishes
Lastly, the Court considers the child’s wishes on the custody arrangements.
You can consult a family lawyer in Singapore for advice when facing a custody battle.
4 Tips For Effective Co-Parenting
Since joint custody order is more common in Singapore, it is inevitable for estranged parents to enter co-parenting.
Here are some tips for effective co-parenting:
1. Set your feelings for your ex aside
Having an amicable relationship with your ex-partner impacts your children and makes co-parenting bearable.
Co-parents must discuss disagreements privately and never in front of the child. Never use the kids to convey a message to the estranged partner.
Instead of consulting a family lawyer in Singapore, it would be significantly helpful to vent your feelings to a therapist.
2. Learn to communicate
Some communication tips are willingness to listen, using polite and civil words, showing restraints, and keeping the conversation child-focused.
Remember, you are talking with your ex to guarantee your child’s wellbeing.
3. Be consistent with parenting plans
An argument arises when one or both co-parents are inconsistent with the parenting plans.
Make sure to adhere to the parenting plan rules and schedules your family lawyer in Singapore has helped to design.
4. Use online calendar
Both co-parents can have access to their child’s schedule through online calendars. They can input the child’s classes, activities, soccer schedule, holidays, and more.
Conclusion
The most affected party in a divorce is the child. The country takes care of the child’s well-being in these situations through child custody orders. Child custody is all about the child’s best interest.
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