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Legal Services for Child Custody Matters
Different Types Of Child Custody?
(1) Sole Custody Order
A parent granted with a sole custody order is authorised to make all important decisions for the child. This order is granted to only one parent. The court grants this order due to the reasons as follows:
- The couple is unable to communicate with each other in a harmonious manner.
- A parent renounces the child custody to another parent for the sake of the other ancillary matters.
- A parent had abused the child before.
(2) Joint custody order
Both parents are granted with authority to make major decisions for the child. Both parents must discuss and agree upon the same decision. This order encourages the cooperation of both parents and thus, both parents have an equal right to decisions regarding the child.
The Singapore courts have granted more joint custody orders than the sole custody orders. It shows that the Singapore courts regard the presence of both parents in the child’s life as essential to the child’s growth. Parenting is a lifetime obligation and it does not end with the marriage.
(3) Hybrid order
One parent is granted with custody he/she shall discuss with the non-custodial parent any matters regarding the child’s welfare.
(4) Split custody order
The courts grant the custody of one or more siblings to one parent, whereas custody of the other sibling(s) is granted to another parent. This order is rarely granted by the courts as the courts would normally let the siblings live together so that they can provide emotional support for each other.
Under this order, only the custodial parent can take the child overseas unless the custodial parent gives permission to the non-custodial parent or the non-custodial parent obtained a leave of the court, to take the child overseas. The child shall not be taken overseas for more than a month.
Can a father get custody of his child?
- the consent is obtained from the mothers; or
- the child is at an age where he/she is capable to express clearly to the court regarding his/her wish to live with the father; or
- the mother is abusive and/or neglectful of her child.
Otherwise, the fathers can seek for a shared care and control order. Under this order, both parents get an equal amount of time that they can spend with the child. The father shall prove that he is the main caretaker of the child before the divorce. A shared care and control order would be granted by the court if it best serves the child’s welfare.
It is improbable for the court to grant a shared care and control order if a school-going child is involved due to the inconveniences of traveling between 2 homes regularly. Also, the courts would not grant this order if the parents’ relationship is rancorous and they have different parenting styles.
For Muslim families, child custody Syariah Court matters follow similar welfare principles as stated in the child custody Singapore framework.
How do the courts determine the type of custody to award?
The courts may ask the social services or counselor to assess the child and parent and suggest a type of custody order which is suitable to them. The courts usually ask for a Social Welfare Report prepared by officers from the Ministry of Culture, Community and Youth. The officers, in preparing the report, would observe the parents’ interaction with the child. This report is confidential, it is for the judges perusal only and it shall not be revealed to the parents and/or child.
The list below shows the non-exhaustive factors that the courts may consider in deciding the type of custody order:
- The main caregiver of the child during his/her formative years
- The present living arrangements
- The child’s wishes
- The parent’s wishes
- The child’s age
- The parents’ financial capability
- Presence of family support
It is important to note that the parent who has a better financial capability does not mean that he/she has a better advantage over another parent. Also, the court would not prioritize the parents’ wishes and preferences above the child’s welfare.
Our Lawyers
With over 70 years of collective family law expertise across our team, we offer strategic guidance on the most complex cases, covering divorce, custody and maintenance matters, division of matrimonial assets, annulments, deed of separation, as well as mediation and settlement support.
Court Victories
Case 1: Shared Custody in Complex Dispute Involving Child with Special Needs
IRB Law LLP acted in a highly contested custody dispute involving an 11-year-old child with multiple neurodevelopmental disorders. Despite serious allegations between the parties, the Court delivered a landmark judgment ordering shared custody, emphasising the importance of both parents’ roles in the child’s welfare.
The Court recognised each parent’s strengths—the mother’s dedication to managing the child’s therapies and the father’s empathetic and creative approach—while also identifying areas for improvement. The mother was encouraged to acknowledge her son’s need for rest between therapies, while the father was advised to better appreciate the structured and supportive environment these therapies provided.
A structured yet flexible care arrangement was ordered, with the mother caring for the child from Saturday to Wednesday nights, and the father for the remainder of the week. Arrangements for special occasions and overseas travel are to be mutually agreed, with flexibility for either parent to request adjustments.
This outcome underscores the Court’s focus on the child’s welfare above parental conflict, and highlights the importance of cooperation, balance, and adaptability in co-parenting arrangements.
Case 2: Successful Appeal on Custody Variation
IRB Law LLP secured a successful appeal to vary child custody arrangements in favour of the mother. While the lower court had upheld the original order granting the father primary care and control, the High Court reversed this decision, prioritising the child’s welfare and expressed wishes.
The Court found that the child, now older and able to articulate her preference, was happier and more comfortable living with her mother. As a result, primary care and control was transferred to the mother, with defined access granted to the father. This outcome underscores the Court’s paramount consideration of the child’s best interests in custody disputes.
A structured yet flexible care arrangement was ordered, with the mother caring for the child from Saturday to Wednesday nights, and the father for the remainder of the week. Arrangements for special occasions and overseas travel are to be mutually agreed, with flexibility for either parent to request adjustments.
This outcome underscores the Court’s focus on the child’s welfare above parental conflict, and highlights the importance of cooperation, balance, and adaptability in co-parenting arrangements.
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FAQs
What is a custody lawyer?
How does child custody work in Singapore?
What factors does the court consider in custody proceedings in Singapore?
How long do custody proceedings take in Singapore?
What is the difference between custody and care and control in Singapore?
Can a father get custody in Singapore?
What does a Singapore custody lawyer do?
What is joint custody?
Can custody orders be changed in Singapore?
How can I find the best custody lawyer in Singapore?
What are the costs of hiring a custody lawyer in Singapore?
What is the role of the Child Representative in Singapore custody cases?
How is child visitation determined in Singapore?
How can a custody lawyer help in a case of international child abduction?
What happens if there is a breach of a custody order in Singapore?
How is child support determined in Singapore?
What happens in cases of alleged child abuse during custody proceedings?
Can I represent myself in a custody case in Singapore?
How confidential are custody proceedings in Singapore?
Do grandparents have any rights in custody proceedings in Singapore?
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General Disclaimer
Please note that timelines vary based on court schedules and the complexity of each case. While emergency filings may be submitted, acceptance is subject to judicial discretion and is not guaranteed.. The outcome of each case depends on each case’s circumstances.