The question of who gets custody of the children is often the number one concern of parents divorcing in Singapore. But although most people are familiar with the phrase “child custody,” many aren’t aware that it means more than who will live with the child on a day-to-day basis.
Child custody has both a physical and legal component. When getting divorced, it’s essential to know the differences between the two.
What Does Legal Custody Mean in Singapore?
Legal custody refers to a parent’s power to make major life decisions relating to a child’s care and future. These may include medical, educational, and religious choices, among others. In Singapore, if you’re going through a divorce, a court may grant one of four types of child custody orders.
Sole Custody: When one parent has exclusive power to make major life decisions for the children without consulting the other parent. Singapore courts award these only rarely.
Joint Custody: When both parents share the responsibility of making major decisions for the children equally. This is the most common form of legal custody.
Hybrid Custody: When one parent has sole custody but must consult the other parent before making a life decision on certain issues that have been pre-determined.
Split Custody: When one parent has legal custody of certain siblings of the marriage, and the other parent has custody of other siblings. A court only grants this form of custody under special circumstances and when it is in the children’s best interests.
What Is Physical Custody (Care and Control) in Singapore?
In Singapore, physical custody is referred to as having “care and control” of the child. This describes the parent with whom the child resides and who is responsible for the child’s daily care. The parent with care and control makes routine day-to-day decisions for the child, such as appropriate bedtimes, screen time, meals, and other everyday matters.
Care and Control: Who the Child Lives With Day to Day
Usually, only one parent has care and control of the child, which often makes this a central issue in a divorce. In some circumstances, however, a court permits the child to divide his or her time between parental homes, splitting care and control of the child.
Access Rights for the Non-Custodial Parent
The parent who doesn’t have care and control of the child (the “non-custodial” parent) is usually granted “access” to the child. Parents typically work together to agree on access arrangements, including schedules for weekends, holidays, birthdays, vacations, and other special occasions. In many cases, the child’s preferences and comfort are also taken into consideration when setting these arrangements.
In some circumstances, the court may decide that supervised access is necessary, in which case the non-custodial parent may not visit the child without another authorised adult present.
Seeking Guidance on Child Custody and Parenting Arrangements
If you’re facing questions about child custody, care and control, or access in Singapore, getting clear guidance early can help you make informed decisions. Our team of family lawyers provides practical advice to help parents understand their options and work toward arrangements that support their children’s needs.
Ms Gloria James’ Experience in Child-Related Matters
Ms Gloria James brings more than 29 years of experience in handling child-related issues in divorce. She is appointed as a Child Representative Lawyer by the Singapore courts and a Certified Therapeutic Justice Practitioner. a framework that promotes constructive and child-centred outcomes.
As an accredited Collaborative Family Practice (CFP) and Parenting Coordination lawyer, she is well-equipped to guide parents through complex care, control, and access matters with a structured, supportive approach.
Frequently Asked Questions on Child Custody in Singapore
What is the difference between custody and care and control in Singapore?
Custody refers to the authority to make major decisions about a child’s upbringing, such as education, healthcare, and religion, this is usually shared by both parents. Care and control, on the other hand, refers to the parent with whom the child lives and who manages the child’s day-to-day routines and practical care.
Can both parents have shared care and control of a child?
Yes. However, shared care and control is uncommon in Singapore because it requires the child to split time between two homes on a regular basis. It is usually ordered only where both parents live close by and can cooperate well. In most cases, one parent has care and control, and the other has access.
How do courts decide on access rights for the non-custodial parent?
The court’s primary focus is the child’s best interests. It will consider factors such as the child’s age and needs, the parents’ work schedules and caregiving roles, the level of cooperation between parents, and, where appropriate, the child’s own wishes when determining suitable access arrangements.
Does the child’s preference affect custody or access decisions?
The child’s wishes may be taken into account if they are of an age to express an independent opinion. However, The court’s consideration of the welfare of the child will override the wishes of both parents and the wishes of the child.
