SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Valerie Goh and Petrina Tan, Bih Li & Lee LLP
2.9 Alternative Dispute Resolution (ADR) There has been significant push for parties to resolve matters amicably. To this end, parties have the option to commence pre-writ media - tion, and there are bodies (eg, the Singapore Mediation Centre, the Law Society of Singa - pore, and the Singapore International Mediation 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 media - tion 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 dis - putes 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). Alternatively, a signed settlement agreement can also bind the parties. Generally, such mediated agreements are enforceable.
interim 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 arrangements, then a party can apply for the court to determine the same under the Guardian - ship of Infants Act 1934 (if no divorce proceed - ings have been commenced). 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 • the general approach that siblings should not be separated. The courts have the power to decide on the fol - lowing matters pertaining to a child: • custody; • care and control; and
3. Child Law 3.1 Choice of Jurisdiction
The jurisdiction requirements for matrimonial proceedings are set out in 1.2 Choice of Juris- diction . Generally, matters related to children in divorce proceedings are dealt with at the ancillary matters stage, after the granting of the
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