- The children's welfare is the paramount consideration in every decision.
- Custody is about major decisions; care and control is about day-to-day care; access is time with the other parent.
- Joint custody is the usual order, and sole custody is exceptional.
- Shared care and control is possible but not automatic, and mothers are not automatically preferred.
- Orders can be varied later if circumstances change.
Three kinds of order
The court divides parental responsibility into three parts:
- Custody: the right to make major long-term decisions, such as education, religion and serious medical treatment.
- Care and control: which parent the child lives with and who makes day-to-day decisions.
- Access: the time the other parent spends with the child, which may include weekdays, weekends, overnight stays, school holidays and festive days.
Custody
The court generally expects both parents to keep making the important decisions together, so joint custody is the usual order. Sole custody is reserved for exceptional cases, for example where one parent poses a risk to the child or the parents cannot co-operate at all.
Care and control
Care and control usually goes to one parent, with access to the other. Shared care and control, where the child divides time between two homes, can be ordered where it works for the child, but it is not the default: the court looks at the child's age and needs, whether the parents can co-operate and whether moving between two homes suits the child. There is no rule that children live with their mother; both parents have equal rights.
What the court looks at
The guiding principle is the child's welfare. Judges look at the child's existing arrangements and needs, the child's relationship with each parent, the practical caregiving arrangements each parent proposes and whether they offer stability. A child old enough to form an independent view may be heard, but the child does not simply choose.
The court may call for reports, such as a custody evaluation or a report from a social welfare officer, to help it decide.
Parenting plans and changes later
Parents are encouraged to agree a parenting plan setting out arrangements in detail. Orders are not fixed for ever: either parent can apply to vary them if circumstances change significantly, always with the child's welfare in mind.
Where parents are not divorcing, similar orders can be sought under the Guardianship of Infants Act.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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