SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Petrina Tan and Vaithieiswariy Kumar, Bih Li & Lee LLP
• the general approach that siblings should not be separated. The courts have the power to decide on the following matters pertaining to a child: • custody; • care and control; and • access. Custody relates to the power to make major deci ‑ sions regarding the child, such as education, religion and healthcare matters. Care and control relates to the day-to-day care of the child. The party that is not granted care and control of the child would have access (ie, contact time with the child). Access arrangements include considerations as to whether the contact time would include overnight or overseas access, as well as the terms of holiday, public holidays or special occasions access. For child maintenance, Section 68 of the Women’s Charter 1961 mandates that it is the duty of a parent to maintain their child. The court must take into account the following factors in deciding on the quantum of maintenance to order: • the financial needs of the child; • the income and earning capacity of the parents; • the age of the parents; • the assets and financial resources of the parents; • the standard of living enjoyed by the family; • the manner in which the parents expect the child to be educated; and • the conduct of the parents. Generally, if the child is over 21 years, then the child would have to make the application in their personal capacity. Children over the age of 21 may apply for maintenance if they:
• have a mental or physical disability; • are or will be serving full-time national service; • are still in education or undergoing training for a trade, profession or vocation; or • if there are special circumstances such that the court is satisfied that the provision of maintenance is necessary. Parties can (and are encouraged to) resolve matters amicably and also come to an agreement on mainte ‑ nance matters. If there is a settlement, the same can be recorded as an order of court (if there are pending court proceedings) or be encapsulated in a settlement agreement. 3.3 Other Matters See 3.2 Living/Contact Arrangements and Child Maintenance . 3.4 ADR in Child Law Matters See 2.9 ADR in Financial Matters . Further, for legal proceedings involving children’s issues, the courts may also: • appoint child representatives in highly acrimonious cases; • call for appropriate reports to assist the court in coming to its decision; or • appoint a parenting co-ordinator to provide assis ‑ tance in resolving access issues. 3.5 Media Access and Transparency in Children Proceedings See 2.8 Media Access and Transparency in Financial Proceedings .
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