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Divorce can be a difficult time for all parties involved, especially if there are children involved. Custody, care and control, and access are among the most challenging and emotional aspects of a divorce, particularly when children are involved. These issues can be contentious, as both parents may want to have a say in their child’s upbringing and life. In Singapore, the law strives to ensure that the best interests of the child are always the primary consideration. This means that the court will always make decisions based on what is in the child’s best interests, regardless of the wishes of the parents.
One of the key factors that the court considers when deciding on custody, care and control, and access is the child’s welfare. This includes the child’s physical, emotional, and psychological well-being. The court will also consider the parents’ ability to provide for the child, including their financial resources, their ability to provide a stable and safe home environment, and their ability to meet the child’s needs.
Another important factor that the court considers is the child’s wishes, if they are mature enough to express them. In Singapore, there is no specific age at which a child can express their wishes, and the court will consider each case on its own merits. The court may also appoint a welfare officer to investigate and report on the child’s welfare, and may order mediation or counselling to help the parties reach an agreement.
Custody refers to the legal right to make decisions about a child’s upbringing, including their education, religion, and healthcare. The court can grant either sole custody or joint custody to one or both parents. Sole custody means that one parent has the exclusive right to make decisions about the child’s upbringing, while joint custody means that both parents have equal rights to make decisions.
In Singapore, custody is usually decided as part of the divorce proceedings. The court will consider several factors when deciding on custody, including the child’s welfare, the parents’ ability to provide for the child, and the child’s wishes, if they are mature enough to express them. The court may also appoint a welfare officer to investigate and report on the child’s welfare, and may order mediation or counselling to help the parties reach an agreement.
It is important to note that the court will always make decisions based on the best interests of the child. This means that the court may not necessarily award custody to the same parent, and may make orders that are different from what either parent is seeking.
Care and control refer to the day-to-day care of the child, including their living arrangements and daily routines. The court can grant sole care and control to one parent or joint care and control to both parents. Sole care and control mean that one parent has the right to make decisions about the child’s day-to-day care, and the child lives with that parent. Joint care and control mean that both parents have the right to make decisions about the child’s day-to-day care, and the child lives with both parents on a shared basis.
The court considers several factors when deciding on care and control, including the child’s welfare, the parents’ ability to provide for the child, and the child’s wishes, if they are mature enough to express them. The court may also appoint a welfare officer to investigate and report on the child’s welfare, and may order mediation or counselling to help the parties reach an agreement.
Access refers to the right of a parent who does not have care and control of the child to spend time with the child. Access can be supervised or unsupervised and can take place at specific times or on an ad-hoc basis. The court considers several factors when deciding on access, including the child’s welfare, the parents’ ability to provide for the child, and the child’s wishes, if they are mature enough to express them.
If the parties cannot agree on access, they may apply to the court for a decision. The court will consider the evidence presented by both parties, as well as any other evidence that may be relevant, and make a decision based on the best interests of the child.
The court will consider various factors when deciding on access, including the child’s welfare, the parents’ ability to provide for the child, and the child’s wishes (if they are of a sufficient age and maturity to express their views).
In Singapore, custody, care and control, and access are usually decided by the court as part of the divorce proceedings. The court will consider various factors, including the child’s welfare, the parents’ ability to provide for the child, and the child’s wishes (if they are of a sufficient age and maturity to express their views).
It is important to note that the court will always make decisions based on the best interests of the child. This means that the court may not necessarily award custody, care and control, and access to the same parent, and may make orders that are different from what either parent is seeking.
The court may also appoint a welfare officer to investigate and report on the child’s welfare, and may order mediation or counseling to help the parties reach an agreement on custody, care and control, and access.
Dispute Resolution
If the parties cannot reach an agreement on custody, care and control, and access, they may apply to the court for a decision. The court will consider the evidence presented by both parties, as well as any other evidence that may be relevant, and make a decision based on the best interests of the child.
It is important to note that the court will always make decisions based on the best interests of the child. This means that the court may not necessarily award custody, care and control, and access to the same parent, and may make orders that are different from what either parent is seeking.
The court may also appoint a welfare officer to investigate and report on the child’s welfare, and may order mediation or counselling to help the parties reach an agreement on custody, care and control, and access.
Orders for custody, care and control, and access can be varied by the court if there is a change in circumstances, such as a change in the child’s needs or the parents’ circumstances. For example, if a parent’s work schedule changes, the court may need to adjust the access arrangements to accommodate the new schedule.
Custody, care and control, and access can be some of the most difficult and emotional aspects of a divorce when there are children involved. In Singapore, the law provides for the best interests of the child to be the paramount consideration in any decision relating to custody, care and control, and access.
If you are going through a divorce and need help with issues relating to custody, care and control, and access, it is important to seek the advice of an experienced Singapore divorce lawyer. A divorce lawyer can advise you on your legal rights and obligations, and help you navigate the complex legal process.
Contact us today to schedule a consultation with one of our experienced Singapore divorce lawyers. We can help you understand your options and guide you through the process with compassion and expertise.