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

Three different orders

Singapore law separates parental responsibility into three parts, and it helps to keep them apart.

• Custody: the authority to make major, long-term decisions about the child, such as education, religion and significant medical treatment.
• Care and control: which parent the child lives with and who handles everyday matters such as meals, school routines and transport.
• Access: the time the child spends with the parent who does not have care and control.

Joint custody is the norm

In most cases the court orders joint custody, so both parents must consult each other and decide major issues together. The courts generally regard it as best for a child to have both parents involved throughout childhood, and joint custody can be ordered even where there is some tension between the parents. Sole custody is uncommon and is usually reserved for serious situations, such as abuse or a complete inability to cooperate that is harming the child.

Joint custody does not tell you where the child will live. A common arrangement is joint custody, with one parent having care and control and the other having access.

Care and control, and access

The parent with care and control is the child's main caregiver. Shared care and control, where a child lives roughly equal time with each parent, is possible, but the courts have said there is no presumption that it is always best. It tends to work only where parents cooperate well and moving between two homes suits the child.

Access arrangements vary widely. They can cover weekday and weekend time, overnight stays, school and public holidays, special occasions and overseas trips. Where there is a risk to the child, or a relationship needs rebuilding, the court can order supervised access.

How the court decides

Under section 125 of the Women's Charter, the child's welfare is the paramount consideration. Welfare is read broadly, covering the child's emotional, moral and physical well-being, not only material comfort. The court's task is not to reward or punish either parent for what happened in the marriage.

There is no rule that children automatically go to their mother; fathers and mothers have equal rights to seek care and control. In practice, the court looks closely at who has been the child's main caregiver, the child's age and needs, the existing arrangements and the bond with each parent, and it generally prefers to keep siblings together. Earning more money does not by itself make a parent more likely to obtain care and control.

Where a child is old enough to express an independent view, the court may take their wishes into account, but it avoids placing the burden of choosing between parents on the child. In disputed cases, the court can call for reports from child welfare professionals.

Agreeing a parenting plan, and changing it later

Parents can agree custody, care and control, and access themselves, and the court encourages them to do so. Thinking early about where the children will live, how school, healthcare and routines will work, and how time will be shared makes negotiations smoother. The courts have also warned that applications about children should never be used as a way to control or hurt the other parent.

Children grow and circumstances change, so orders can be varied later. The court will weigh any proposed change against the child's need for stability and the reasons for the change.