Ancillary Orders Relating to Children in Divorce Proceedings

ancillary

After a divorce judgment is granted, the second stage of divorce proceedings in Singapore family law will deal with ancillary matters. The court is empowered to make a variety of ancillary orders. In particular, the court will also make orders pertaining to the continual care of any children to the marriage. There are four main types of orders in this regard, namely: custody, care and control, access, as well as maintenance.

Custody relates to the residual upbringing of the child. In particular, it concerns the authority to make major decisions for the child, apart from his or her daily needs. The court may choose not to make a custody order, and instead leave it up to the parties to cooperate with each other for the wellbeing of their child. However, where the court chooses to make such an order, it is very likely that the order will be for joint custody as opposed to one of sole custody.

Care and Control relates to the party whom the child will continue living with. The party in question will have authority to make small daily decisions for the child. However, the party with care and control will still be expected to consult with the other party in making bigger decisions in the child’s life. The court will generally allow the parent who is better able to care for the child to have care and control.

Access Orders are typically granted to the parent without care and control of the child, if parties are unable to agree on reasonable access rights. The court will take into account the best interests of the child, and will generally try to ensure that the child gets to spend time with both parents and bond with them.

Maintenance Orders for children to the marriage are also available. This is because both parents bear the financial responsibility to maintain their child until he or she becomes an adult. This liability rests equally on both the father and the mother. The court can only make a maintenance order against a parent who has neglected to provide maintenance for the child. In making such an order, the court will take into account all circumstances of the case, with the most important factors being: (1) the financial needs of the child, and (2) the ability of the parent in question to meet such needs.

If you require advice on any of the above ancillary matters, you should engage a family law specialist. GJC Law has highly experienced lawyers who have dealt with a wide range of divorce matters. Should you wish to schedule a free initial consultation with us, please contact GJC Law at 6337 0469, or email consult@gjclaw.com.sg.

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