SINGAPORE Trends and Developments Contributed by: Loh Wai Mooi, Wang Liansheng, Valerie Goh and Vaithieiswariy Kumar, Bih Li & Lee LLP
The Family Justice Courts’ Therapeutic Justice Model Therapeutic justice is the driving principle in the practice of family law in Singapore today. Family disputes invariably involve non-legal considera - tions and the outcome of a family dispute has far-reaching consequences on those beyond the parties – namely, the parties’ children and extended families. On 21 October 2024, Singapore’s Chief Justice, Sundaresh Menon, launched the Therapeutic Justice Model (the “TJ Model”) at the 10th Anni - versary of the Family Justice Courts. This was created with the aid of representatives from the bench, the bar, academia, ministries, statutory boards and government departments, as well as accredited mediators nominated by the family justice courts. The TJ Model states: “Therapeutic justice at the family justice courts is about helping families accept the past and move towards their best possible future. It involves a judge-led process where parties and their lawyers, along with other professionals, work together to find timely and enduring solutions to the family’s disagreements, within the framework of the law.” The TJ Model is aimed at “helping families accept the past and move towards their best possible future”. As Chief Justice Menon mentioned in his opening remarks at the 10th Anniversary of the Family Justice Courts: “The new rules intro - duce several significant changes – most notably, the strengthening of the judge-led approach by equipping family judges with a wider range of tools, so as to ensure that cases can be resolved effectively, proportionately and expeditiously while reducing acrimony, costs and time.”
In particular, the objectives of the TJ Model are: • for parties to resolve their family disagree - ments amicably; • for parties to reduce acrimony and conflict; • for parties to focus on resolving their underly - ing issues in the longer-term interests of the family and children; • where children are involved, their welfare must come first; • for parties to treat one another with respect, attention, empathy and support; • for outcomes to be timely and enduring, and for parties to move forwards, enabled and equipped (eg, with enhanced co-parenting skills) to resolve any future disagreements amicably by themselves. Further to the TJ Model, the family justice courts also provided guidance on the roles of parties during the family proceedings, as follows. • Parties play a central role in the TJ Model. They are to take ownership of the family’s issues and co-operate with each other to find timely and enduring solutions to these issues. Particularly where children are involved, the parties are to prioritise the welfare of the children above their own and focus on their shared interests and future. This involves being willing to compromise in the spirit of give and take, and carrying out agreed or ordered arrangements with a co-operative spirit. • Lawyers are to explain to the client the aims of therapeutic justice and the court’s approach under the TJ Model. Lawyers should seek to reduce acrimony, as well as help parties to find common ground and generate solutions for better outcomes. They should consider whether instructions from the client will serve to escalate or prolong the
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