Athelia Ong
Family Law and General Litigation
Athelia Ong is a leading family law specialist in Singapore. She holds a Bachelor of Laws (Hons) degree from Singapore Management University. With a client-first philosophy, she approaches each case with a practical lens, understanding and addressing matters from the unique perspective of every client. Athelia handles all family law cases including complex cases involving divorce, probate and wills.
Languages: English & Chinese
Athelia’s legal practice encompasses a wide array of family law matters, where she effectively represents her clients in various scenarios, including:
- Contentious and non-contentious divorce cases
- Custody, care, and control applications
- Maintenance applications
- Variation applications
- Guardianship applications
- Pre-nuptial and post-nuptial agreements
- Cross-border legal issues
- Relocation applications
- Deeds of Separation
Athelia’s unwavering dedication to family law is evident in her deep empathy for her clients. She understands the emotional challenges that accompany family disputes and is committed to guiding her clients through these difficult moments with thoughtfulness and precision. She is known for her diligent pursuit of expedient and equitable resolutions, consistently providing practical and cost-effective solutions to her clients.
In her academic journey, Athelia’s commitment to legal excellence extended to assisting prominent academics in their scholarly endeavors. She actively contributed to the publication of a case commentary on mental capacity and a core textbook on trust law, showcasing her dedication to legal research and scholarship.
Beyond her legal career, Athelia is an active and engaged member of her community. She is deeply immersed in the local arts scene and has graced both local and international stages with her performances. Her belief in giving back to society is exemplified through her volunteer work at pro bono clinics and her international volunteering experiences in South Africa.
Athelia Ong’s impressive legal acumen, empathy for her clients, and active engagement in both the legal and arts communities reflect her commitment to making a positive impact on the lives of individuals and society as a whole.
The lawyers , legal managers and supporting team members were kind and patient to guide my family along the way. The fees were reasonable for the amount of effort required and we highly recommend them for legal services.
Sam Tan
I am so glad that I have engaged PKWA services. They have very highly professional team.
Umesh Kumar
The person assigned to me during the discussion and consultation was very patient, good listener and detailed describing the process and procedure of events, and also suggested alternative proposed ways dealing with my matter. Overall very good experience with them and will definitely engage them when in need.
Khun Kitt
The lawyers , legal managers and supporting team members were kind and patient to guide my family along the way. The fees were reasonable for the amount of effort required and we highly recommend them for legal services.
Sam Tan
I am so glad that I have engaged PKWA services. They have very highly professional team.
Umesh Kumar
The person assigned to me during the discussion and consultation was very patient, good listener and detailed describing the process and procedure of events, and also suggested alternative proposed ways dealing with my matter. Overall very good experience with them and will definitely engage them when in need.
Khun Kitt
Legal articles by Athelia Ong
- The Family Justice Act 2014
- The Family Justice Court Rules
- The Adoption of Children Act 1939
- Practice directions.
Adoption—The Legal Process
The child’s circumstances dictate which process will be used. For example, whether the child is Singaporean, a foreign child, or from the People’s Republic of China, for which there are additional requirements.Pre-adoption briefing
The first step is to register for a meeting with the Ministry of Social and Family Development (MSF), who appoint an accredited agent to meet with prospective parents. The purpose of this mandatory pre-adoption briefing is to explain the process, the rights and responsibilities of adoptive parents, post-adoptive services, and how to talk to the child about the adoption. Anyone adopting a stepchild or relative must also go through this same process.Home Study Report
A Home Study Report is necessary for anyone wanting to adopt a foreign child, or a child in the care of the MSF. The purpose is to verify that you are a suitable parent to adopt and raise a child. Each report is valid for one adoption and lasts two years, during which time you may find a child to adopt. If the adopted child is a stepchild or relative, a home investigation may be ordered by the court, rather than a Home Study Report.Finding a child to adopt
Once you have attended the briefing, and obtained the Home Study Report (if necessary), you can then begin to look for a child to adopt. You may wish to use the MSF Fostering Scheme, or alternatively you can ask family and friends to help you. However, if you wish to adopt a child from China, you cannot find the child yourself; instead, you must ask the China Centre for Children’s Welfare and Adoption (CCCWA) and they will identify a child, and notify you when the child is available.Obtain consent from the child’s birth parents or guardians
The next step once a child has been identified is to get the notarised consent of the child’s birth parents or legal guardian. This means they give up all their duties, rights and obligations to the child, once the adoption order is given. Where the legal guardian or birth parents do not exist, you must instead get consent from:- Whoever has custody of the child
- Whoever is legally liable to support the child
- The parents/guardians of the birth parents, in cases where the birth parents are younger than 21 years old.
Obtain the child’s ID documents
If the child is a permanent Singapore resident, you need to get their passport and birth certificate.Dependant’s Pass
When adopting a foreign child, you will need a Dependant’s Pass in order to bring them to Singapore. It allows the child to remain in Singapore until the completion of the adoption process. To get this pass, you need the child’s ID documents and the notarised consent mentioned above. Sometimes the adoptive parents are required to go to the child’s home country and comply with that country’s requirements before the MSF will issue a Dependant’s Pass. But once issued, you can then apply to the Family Court to adopt.Applying to the Family Court
When filing an adoption application, you must submit the following documents:- Originating Summons for Adoption
- Adoption Statement
- Consent to adoption and dispensation of services
- Supporting affidavits
Guardian-in-Adoption (GIA)
A temporary legal guardian will be appointed by the court at the first hearing, to look after the child’s interests in court, as set out in section 10(3) of the Adoption of Children Act. There may also be more background checks and interviews at this stage. It is the role of the GIA to carry out home visits and do everything needed to produce a complete report for the court. The GIA must have the full co-operation and attendance of the adoptive parents throughout.Court hearing
The court has power to summon any witness, including biological parents, to attend the hearing. The adoptive parents (or their lawyer) must also attend. The court will consider all reports and affidavits, and will have the child’s best interests and welfare as their priorities at all times.Possible outcomes
- A conditional order is granted: the adoption can proceed, but with specific terms and conditions attached.
- An unconditional order is granted: the court believes it to be in the best interests of the child.
- The proceedings are adjourned, pending further evidence.
- An interim order is issued, which delays the granting of the final order. The adoptive parents are given temporary custody of the child for no longer than 2 years. In effect, this acts like a probationary period before a final order is given. The GIA continues to be the child’s legal guardian during the interim period.
- The application is dismissed: the court does not think the adoption order is in the child’s best interests.
Collecting the new birth certificate
The Immigration and Checkpoints Authority (ICA) send an adopted child a new birth certificate. For children adopted from overseas, parents must apply to the ICA to obtain citizenship for the child, as it is not automatically granted in the adoption process.Cost of adoption
It is illegal under section 11 of the Adoption of Children Act to make or receive and payment for adoption, unless the court has sanctioned it. A court may allow the following payment scenarios:- Payment of hospital bills or other medical fees
- Travel costs
- Lodging and food costs for the child and its birth mother
- Other costs to reimburse the biological mother.
- With consent: $2,900
- Without consent: $3,900
How long does adoption take?
The length of an adoption process depends on the circumstances of each case. When the adopted child is from overseas it will take longer, because the adoptive parents must satisfy that country’s requirements before also satisfying those of Singapore. The process of getting a Dependant’s Pass, and Home Study Report and the other procedures all take time. If the adoption is contested, it will take even longer.Who can adopt in Singapore?
Under section 4 of the Adoption of Children Act, the following criteria are set out:- Applicants must be aged 25 years or older
- The age gap between child and applicant must be at least 21 years
- If two people apply, they must both be aged 25 or above unless circumstances are exceptional
- A girl may not be adopted by a single male unless exceptional circumstances apply
- A married person must have the consent of their spouse if they wish to adopt alone
- Applicants must be residents of Singapore, or have a pass that gives them resident status, as judged by the Family Court.
You can remarry
When you have obtained Final Judgment, you are legally entitled to remarry. You will need to produce the Interim Judgment and Final Judgment to prove that your divorce is finalised.You can sell your property
If there is a court order for the matrimonial property to be sold or transferred, that transaction will usually take place after the Final Judgment. As an illustration, suppose your HDB flat is to be sold and the sale proceeds divided equally. You will be able to sell the HDB flat only after Final Judgment as HDB and the buyer will want to see the Final Judgment. Usually, you are given sufficient time to sell or transfer the property after Final Judgment. If you are unable to sell the matrimonial property within the time specified in the Final Judgment, do not worry. So long as the buyer accepts the situation, the sale will usually go through.Custody of Children
Once Final Judgment is issued, the court order relating to children custody, care and control and access will also have to be implemented. Suppose that you have joint custody, care and control of your child and weekend access granted to your spouse. After Final Judgment, your child will start living with you, and you will start making day to day decisions for your child. Your spouse will be entitled to the weekend access.How long does it take to obtain Final Judgment?
In Singapore, as the Singapore courts encourage parties to mediate to resolve their divorce issues (especially with a view to reducing the impact on children), divorce cases are handled quite speedily. The average time taken for final judgment to be granted has been reduced by a quarter from 155.2 days in 2012 to 114.6 in 2016. Hence, on average, your divorce should conclude within a year in Singapore." ["post_title"]=> string(48) "What is a Final Judgment in Divorce Proceedings?" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(34) "final-judgment-divorce-proceedings" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2023-10-10 00:30:13" ["post_modified_gmt"]=> string(19) "2023-10-09 16:30:13" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(44) "https://singaporefamilylawyers.com.sg/?p=670" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [2]=> object(WP_Post)#8954 (24) { ["ID"]=> int(3777) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2024-03-03 18:49:17" ["post_date_gmt"]=> string(19) "2024-03-03 10:49:17" ["post_content"]=> string(10249) "Singapore has robust anti-harassment laws. Although sexual harassment is not specifically mentioned, the Protection from Harassment Act (POHA) 2014 includes any form of sexual harassment.
Sexual harassment in the workplace often involves power play between more senior and subordinate employees. It can take on many forms - from very subtle advances to blatant sexual harassment. Besides the protection in the POHA, there are specific responsibilities on employers under the Employment Act to provide a safe working environment for all employees. This article will discuss the Protection from Harassment Act, how sexual harassment is defined, and the different types under the Act. We’ll touch on the employer’s responsibilities, the criminal offence of sexual harassment, and possible penalties if convicted. Also, we’ll look at remedies available to victims of sexual harassment in the workplace, and the steps to take if you find yourself to a victim of sexual harassment in the workplace.What is sexual harassment?
The POHA stipulates that no individual may cause another person harassment, alarm, or distress by:- using any threatening, abusive or insulting words or behaviour; or
- making any threatening, abusive or insulting communication; or
- publishing any identity information of the target person or a related person of the target person.
- X and Y are coworkers. At the workplace, X loudly and graphically describes to coworker Z, their desire for a sexual relationship with Y in an insulting manner. X knows that Y is within earshot and intends to cause Y distress. Y is distressed. X is guilty of an offence under this section.
- X and Y were formerly in a relationship which has since ended. X writes a post on a social media platform making abusive and insulting remarks about Y’s alleged sexual promiscuity. In a subsequent post, X includes Y’s photographs and personal mobile number, intending to cause Y harassment by facilitating the identification or contacting of Y by others. Y did not see the posts but receives and is harassed by telephone calls and SMS messages from strangers (who have read the posts) propositioning Y for sex. X is guilty of an offence on each post.
- X and Y are classmates. X posts a vulgar tirade against Y on a website accessible to all their classmates. One of Y’s classmates shows the message on the website to Y, and Y is distressed. X is guilty of an offence under this section.
Threatening, abusive or insulting words - verbal harassment
Verbal harassment includes lewd comments, inappropriate suggestions or proposals of sexual favours, sexual jokes or any other sexually explicit utterance that is inappropriate, unwelcome, and causes the victim distress or alarm.Threatening, abusive or insulting behaviour - physical harassment
Physical, sexual harassment includes any deliberate inappropriate or unwelcome physical contact of a sexual nature. It could be hugging, touching, patting, kissing, sexual assault, or rape. It could also include stalking the victim. Sexual harassment can also amount to an outrage of modesty under the Penal Code.Threatening, abusive or insulting communication or publication
Digital harassment on social media platforms is becoming more common. It includes posting insulting and inappropriate sexual comments or remarks, photos, etc., on social media. It can also include notes, emails, and letters with inappropriate sexual content that is likely to cause distress or alarm.What are the employers’ responsibilities regarding sexual harassment in the workplace?
The POHA does not impose any direct duties on employers. However, employment laws impose a legal obligation on all employers to provide a safe working environment for employees. This duty includes taking reasonable steps to protect employees against sexual harassment at the workplace. The Tripartite Advisory on Managing Workplace Harassment sets out practical guidance for employers. To comply with their duties, employers should put anti-harassment policies and procedures in place for reporting and managing sexual harassment complaints.What is the offence of sexual harassment?
Regardless of where the harassment occurred, section 3 of the Act states that anyone who intentionally causes another harassment, alarm, or distress by using threatening, abusive or insulting words or behaviour or communication or publishes any identifying information of the target person is guilty of an offence. Section 4 of the Act makes behaviour or communication that is likely to cause the victim harassment, alarm, or distress an offence.What is the penalty for sexual harassment?
- A person convicted under section 3 (intentionally causing) can be punished with a maximum fine of S$5,000, or imprisonment up to 6 months, or both.
- A person convicted under section 4 (likely to cause) can be punished with a maximum fine of S$5,000.
Victim remedies for sexual harassment in the workplace
Although the perpetrator can be convicted of an offence and punished with a fine or even imprisonment, these penalties do not compensate the victim. However, the Act does provide civil action for compensation.Civil action for monetary compensation
Section 11 of the POHA states that any victim of sexual harassment under section 3 or 4 may bring civil proceedings against the perpetrator and claim monetary compensation. If the court is satisfied on a balance of probabilities that the perpetrator is guilty of a section 3 or 4 offence, the court can award damages to the victim to the extent the court thinks is just and equitable.Protection orders
Section 12 of the Act provides that victims of sexual harassment can apply for a protection order against the perpetrator. If the court is satisfied on a balance of probabilities that:- the perpetrator is guilty of a section 3 or 4 offence; and
- the perpetrator is likely to continue with the harassment.
- Prohibiting the perpetrator from continuing with the harassing behaviour.
- If the behaviour involves communication or publication, the perpetrator will be required to stop publishing the communication or any similar communication.
- The court may also refer the perpetrator to attend counselling or mediation. The court may also refer the victim to counselling.