When divorce involves children, emotions often run high. Many parents enter proceedings with assumptions about custody, access, and decision-making that do not reflect how Singapore courts approach child-related matters. Understanding the legal reality helps parents focus on arrangements that serve their children’s best interests.
This article addresses common misconceptions from the perspective of a divorce lawyer in Singapore.
Myth 1: One Parent Automatically Gets Custody
In Singapore, custody refers to decision-making authority, not day-to-day care. Courts frequently order joint custody, meaning both parents remain involved in major decisions affecting the child.
Sole custody is not automatic and is generally reserved for situations where joint decision-making is impractical or harmful.
Myth 2: Care and Control Means the Other Parent Loses Access
Care and control determines which parent the child lives with primarily. It does not eliminate the other parent’s right to reasonable access.
A divorce lawyer in Singapore often advises parents that access arrangements are viewed as beneficial to the child, unless there are specific welfare concerns.
Myth 3: Children Can Choose Where They Want to Live
While a child’s views may be considered, especially as they grow older, the court’s overriding consideration is the child’s welfare. The court assesses the full context, including stability, schooling, and parental cooperation.
Children are not required to “choose” between parents.
Myth 4: Maintenance and Access Are Interlinked
Maintenance and access are treated as separate legal issues. A parent’s failure to pay maintenance does not justify denying access, and access disputes do not remove maintenance obligations.
Courts discourage linking financial issues with parenting time, as this can adversely affect children.
Myth 5: Joint Custody Means Equal Time Sharing
Joint custody does not necessarily result in equal physical time with each parent. Time-sharing arrangements vary depending on practical considerations such as schooling, work schedules, and the child’s needs.
A divorce lawyer in Singapore can help parents understand how courts assess workable arrangements.
How Courts Approach Child-Related Decisions
Singapore courts emphasise:
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Stability and continuity
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Meaningful involvement of both parents
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Minimising conflict exposure
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Encouraging co-parenting where appropriate
Parents are also encouraged to resolve disputes through mediation where possible.
Conclusion
Child-related issues in divorce are guided by legal principles rather than assumptions or popular beliefs. Understanding how custody, care and control, access, and maintenance are assessed helps parents approach divorce with clarity and focus on their children’s well-being. A divorce lawyer in Singapore plays a key role in explaining these realities and guiding parents through the process.