Child custody, care and control, and access in a Singapore divorce

Three different things

Many parents ask who will “get” the children. Singapore law answers that question in three parts, and they are often confused.

• Custody: the authority to make major, long-term decisions about the child’s upbringing, such as education, religion and significant healthcare.
• Care and control: which parent the child primarily lives with, and who handles daily matters like meals, school routines, transport and bedtimes.
• Access: the time the child spends with the parent who does not have care and control.

The child’s welfare comes first

When deciding any question about a child, the court treats the child’s welfare as the paramount consideration. This goes beyond physical comfort to include the child’s emotional, mental, moral and religious well-being.

The question is not which parent wants the child more, or which one was at fault in the marriage. A parent’s greater wealth also does not automatically give them an advantage. The court asks what arrangement best serves this particular child.

There is no rule that children automatically live with their mother. Mothers of young children have often been given care and control in practice, but fathers can apply and do succeed, particularly where they have been the main caregiver or the arrangement is shown to be best for the child.

Custody orders

Joint custody is by far the most common order. Both parents keep an equal say in major decisions and are expected to consult each other. Courts can order joint custody even where there is some hostility between the parents, because they generally see it as in the child’s interest to have both parents involved.

Other orders are less common:

• Sole custody gives one parent the authority to make major decisions alone. It is granted only rarely, for example where there has been abuse or co-operation has proved impossible in a way that harms the child.
• Hybrid custody gives one parent custody, but requires them to consult the other on specified matters.
• Split custody gives each parent custody of different siblings. It is unusual, because courts generally prefer to keep siblings together.

Care and control

Joint custody does not mean the child spends half the week with each parent. Where the child lives is a question of care and control, which is usually given to one parent.

Shared care and control, where the child divides time more or less equally between two homes, is possible but uncommon. The courts have said there is no rule against it and no presumption that it is best. It tends to work only where the parents live close to each other and can co-operate well, and where moving between homes suits the child.

Access

The parent without care and control will usually be given access. Orders are often framed as reasonable access so that parents can adjust arrangements as the child grows. Where parents cannot agree, the order may set out specific times, such as weekdays, weekends, school holidays, public holidays and special occasions.

If there is a risk to the child, or the parent-child relationship needs rebuilding, the court can order supervised access, where another authorised adult is present.

How the court gathers information

The court can take the child’s wishes into account if the child is of an age to express an independent opinion, but the child does not make the decision, and the child’s welfare overrides the wishes of the child and both parents.

Where the facts are disputed, the court may call for reports from social workers or other professionals, such as custody or access evaluation reports, to help it decide what is in the child’s best interests.

When to speak with a lawyer

Arrangements for children are often the most emotional part of a divorce. A lawyer can help you understand which orders are realistic in your situation, prepare a workable parenting plan, and present evidence of your role in the child’s life if the matter is disputed.