SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Petrina Tan and Vaithieiswariy Kumar, Bih Li & Lee LLP
• an order for the respondent to undergo financial counselling; and/or • an order for the respondent to perform community service. 2.8 Media Access and Transparency in Financial Proceedings The media and press are allowed to report on family justice court proceedings, save that Section 10 of the Family Justice Act 2014 provides that all hearings in the family justice courts are generally heard in camera, and Section 112 of the Children and Young Persons Act 1993 prohibits the publishing or broadcasting of any information that could lead to the identification of any child or young person concerned in the proceed ‑ ings. Judgments for matrimonial proceedings that involve children below the age of 21 years are also redacted and/or anonymised to adhere to Section 112 of the Children and Young Persons Act 1993. 2.9 ADR in Financial Matters There has been significant push for parties to resolve matters amicably. To this end, parties have the option to commence pre-writ mediation, and there are bodies (eg, the Singapore Mediation Centre, the Law Society of Singapore, and the Singapore International Media ‑ tion Institute) and numerous private practitioners in Singapore who provide mediation services for family proceedings. In the court system, mediation is mandatory for divorcing couples with children under the age of 21 years. Mediation can also be ordered in all other cases (including probate and mental capacity cases), if the court deems fit. The court may also order parties to attend private mediation for an amicable resolution. Practitioners are also expected to inform their clients about ADR options, such as mediation. If the parties do not make reasonable attempts at resolving their disputes through ADR mechanisms, then the court retains the right to make costs orders against the defaulting party. If an agreement is arrived at via a non-court process, then such agreement can be recorded as an order of court (if there are pending court proceedings). Alter ‑
natively, a signed settlement agreement can also bind the parties. Generally, such mediated agreements are enforceable.
3. Child Law 3.1 Choice of Jurisdiction in Children Proceedings
The jurisdiction requirements for matrimonial pro ‑ ceedings are set out in 1.2 Choice of Jurisdiction in Divorce Proceedings . Generally, matters related to children in divorce proceedings are dealt with at the ancillary matters stage, after the granting of the inter ‑ im judgment of divorce. The factors which the court would consider are also set out therein. 3.2 Living/Contact Arrangements and Child Maintenance If the parents cannot agree on a child’s living arrange ‑ ments, then a party can apply for the court to deter ‑ mine the same under the Guardianship of Infants Act 1934 (if no divorce proceedings have been com ‑ menced). For all matters concerning child-related issues, the principle is that the welfare of the child is paramount ( BNS v BNT (2015) 3 SLR 973) and the court will strive to make decisions which are in the best interests of the child. This is encapsulated in Section 3 of the Guardianship of Infants Act 1934. In divorce proceedings, the same principle is set out at Section 125 of the Women’s Charter 1961. In deciding a child’s living arrangements, the court can consider the wishes of the parents of the child and the wishes of the child, where they are of an age to express an independent opinion. In considering the best interests of the child, the court will consider the following factors (which are non- exhaustive): • the current status quo; • the age of the child; • the parties’ respective financial abilities; • the support and environment each party is able to provide; • the preservation of a mother–child bond if the child is young; and
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