The Role of a Family Lawyer in Child Custody Cases
Child-related issues such as custody, care and control and access are some of the most contentious issues in any divorce proceedings. It is reassuring to see that a child is so loved that parents fight valiantly for their children. However, the more contentious these issues are the more likely it is to have a detrimental effect on the child.
In Singapore, pursuant to Section 3 of the Guardianship of Infants Act 1934 (“GIA”), the welfare of the child is paramount, and decisions regarding custody, care and control, and access are made with the best interests of the child as the primary consideration. The role of a family lawyer in these cases is crucial, serving as a guide, advocate, and legal representative for parents navigating this complex terrain.
Legal Expertise and Guidance
Family lawyers in Singapore specialize in navigating the intricacies of family law, particularlyin divorces where a child is concerned, custody, care and control, access. Broadly speaking, these individual issues are as follows:
- Custody: In Singapore, parents have a mutual responsibility to raise their child as they see fit and make the important decisions on behalf of their child. However, where parents are divorced, the responsibility of making important life decisions relating to education, healthcare and even religion falls onto the custodial parents. One of the issues disputed in divorce proceedings are that relating to which parent should have custody of the child and there are several types of custody orders, namely, sole custody, joint custody, hybrid custody and split custody.
- Care and control: While custody relates to major life decisions made by the parent(s) on behalf of the child, care and control relates to who the child will live with, i.e., the primary caretaker of the child. The caretaker parent is responsible for the child’s day-to-day needs such as meals, sending and fetching the child to school. There are several types of care and control orders, including sole care and control and shared care and control.
- Access: it is important to maintain a healthy relationship between the child and the non-caretaker parent, i.e., the parent without care and control of the child. Access orders are provided to ensure that while the child does not primarily live with the non-caretaker parent, he or she is able to maintain a relationship with their child. There are two types of access orders, unsupervised or supervised access orders. Unsupervised access means that the non-caretaker parent may spend time with their child without the supervision of a third-party while supervised access requires that a third-party is present when the non-caretaker parent is visiting the child. Examples of access terms include overnight access where the child is allowed to stay at the non-caretaker parent’s residence overnight, and video access where the non-caretaker parent may video call the child for a fixed duration.
Family lawyers possess in-depth knowledge of the legal frameworks, statutes, and precedents relevant to disputes relating to these issues. This expertise enables them to provide informed guidance to their clients, explaining their rights, options, and the potential outcomes of various legal strategies.
Advocacy for Parental Rights
One of the primary roles of a family lawyer in child custody cases is to advocate for their client’s parental rights. Section 46 of the Women’s Charter 1961 (“Women’s Charter”) provide that a husband and wife have a duty, they are mutually bound to cooperate with each other in safeguarding the interest of the union and caring and providing for the children.
Whether seeking sole custody, joint custody, or specific access arrangements, the family lawyers workdiligently to present their client’s case persuasively in court or during mediation sessions. They ensure that their client’s voice is heard and that their concerns regarding the child’s welfare are effectively communicated.
Negotiation and Mediation
In many cases, resolving child-related matters through negotiation or mediation is preferable to litigation, as mentioned acrimonious proceedings involving a child may be detrimental to the child. A skilled family lawyer can facilitate these processes to work towards a mutually agreeable solution that serves the best interests of the child. Mediation, in particular, is encouraged by the Family Justice Courts in Singapore as a means of resolving disputes amicably and efficiently.
Preparation of Legal Documents
Procedures, processes and rules in any legal proceedings can be complex and complicated. By engaging family lawyers to represent you, they take charge of preparing and filing all necessary legal documents related to the proceedings. This includes drafting and submitting court documents such as the applications, affidavits, submissions and other relevant documents. Accuracy and completeness in these documents are crucial, as they form the basis of legal arguments and decisions made by the court.
Representation in Court
When disputes cannot be resolved through negotiation or mediation, the only other option of resolution is litigation. Family lawyers advocate for their clients in court proceedings. They present evidence, cross-examine witnesses, and make legal arguments to support their client’s position on custody, care and control, and access arrangements. Their courtroom experience and familiarity with judicial procedures are invaluable in ensuring a fair and thorough hearing of their client’s case.
Focus on the Child’s Best Interests
As mentioned earlier, Section 3 of the GIA provides that the child’s welfare is the first and paramount consideration in respect of any proceedings where the issues are related to the child’s custody and upbringing are in question. Throughout the entire process, the paramount consideration for both the family lawyer and the court is the best interests of the child. This principle guides all decisions regarding the child. Family lawyers in Singapore emphasize this principle in their advocacy, ensuring that the outcomes promote the child’s well-being and interest.
Post-Proceedings Arrangements and Variations
Even after the matter are resolved, family lawyers continue to play a role in ensuring compliance with court orders and addressing any issues that may arise such as non-compliance of court orders or material changes in circumstances. Family lawyers can assist in making an application to vary the court orders if there are material changes in circumstances that warrant adjustments to existing arrangements.
Conclusion
In Singapore, the role of a family lawyer in matters relating to the child such as the custody, care and control, access and even maintenance extends beyond legal representation. It encompasses providing compassionate support to parents during a challenging time, advocating for parental rights, and safeguarding the welfare of the child. By leveraging their legal expertise and experience, family lawyers play a critical role in achieving outcomes that are fair, equitable, and in the best interests of the children involved.
