SINGAPORE Trends and Developments Contributed by: Loh Wai Mooi, Wang Liansheng, Valerie Goh and Vaithieiswariy Kumar, Bih Li & Lee LLP
Continued commitment to achieving therapeutic justice It is expected that family law processes in Sin - gapore will continue to develop to support thera - peutic justice. Beyond the processes, it is also expected that the law will evolve and develop in a similar direction. As it stands, the family justice courts already take a “broad brush” approach when determin - ing a just and equitable division of the matri - monial assets. The courts do not entertain an arithmetic exercise to calculate each party’s contributions. Another aspect crucial to the practice of thera - peutic justice is the determination of costs. In many cases, the courts will be reluctant to award costs (or costs on the scale of commercial dis - putes) against a party in family proceedings to avoid exacerbating hostility between the parties. At the other end of the spectrum is the use of costs as a tool to discourage aggressive prac - tices that undermine therapeutic justice.
parents should hopefully be able to address underlying conflicts and develop strategies to improve their co-parenting skills. The court’s powers under this new regime are wide, as they are also empowered to order a jail term or fine as a last resort if the access orders are breached without a valid reason. The burden of proof is also shifted onto the parent with whom the child lives to explain any alleged breaches of the child access orders. The enhanced enforcement of child access orders helps strengthen the rule of law in family proceedings, as well as prioritise a child’s well- being by promoting regular contact between the child and the parents.
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