Part IV – Processes relating to Children

8. Child Representative

8A. Parenting Coordinator

9. Examination of children

10. Arrangements for the welfare of children

10A. Seeking assistance from the Immigration and Checkpoints Authority (“ICA”) to enforce Court orders or injunctions restraining or prohibiting the taking of a child out of Singapore

8. Child Representative

(1) The Court may on its own motion, or either party may make an application for the court to appoint a Child Representative pursuant to rule 30 of the Family Justice Rules.

(2) Upon the making of an order for the appointment of a Child Representative, the Registrar will select a member from the Child Representative panel and send a letter of request of acceptance of the appointment by email to the selected member. The member may choose to decline such an appointment. If no response is received within 3 working days of the email, the member is deemed to have declined the appointment.

(3) All members on the Child Representative panel shall inform the Court of any changes to their email addresses.

(4) Upon acceptance of the appointment, the Child Representative will receive a letter from the Registrar confirming the appointment, providing the contact details of the parties and a date of a case conference. The following documents may be enclosed with the letter:

(a) an Information Sheet on Child Representative, which the Child Representative is to give to the parties at the earliest possible opportunity together with any further explanation which the Child Representative deems fit, in compliance with Family Justice Rules and paragraph (7) below;

(b) a Child Representative Practice Note, which the Child Representative is to read carefully and adhere to;

(c) a Child Representative Checklist, which will be used at the case conference; and

(d) a Questionnaire to the parties, which the Child Representative might use to obtain information from the parties.

(5) Within 7 days from the receipt of the confirmation of appointment as described in paragraph (4) above, the Child Representative shall serve file and serve a Notice of Address for Service on Child Representative (Form 187 of Appendix A to these Practice Directions) on the parties to the proceedings.

(6) The unique role of the Child Representative is to ascertain the wishes of the child, keep the child informed and do the necessary to protect the child’s best interest. The Child Representative is also duty bound to ensure that the Court is apprised of all matters relevant to the interest of the child.

(7) Upon accepting the appointment referred to in paragraph (4) above, the Child Representative should act expeditiously in fulfilment of his/her duties as set out in rule 31 of the Family Justice Rules, including the following:

(a) providing the parties and/or solicitors with information about the role of the Child Representative and informing them of the requirements in respect of their communications with the Child Representative and any contributions towards the costs of the Child Representative which the Court may have ordered; and

(b) developing and implementing a plan for engaging the child and involving the child in the decision making process in consultation with any other professional who may be working with the child.

(8) In the event that the Child Representative wishes the Court to make any orders which the Child Representative is of the view necessary for the fulfilment of his/her duties, it shall be done by way of an inter-partes Summons under the proceedings.

(9) In the event that the Child Representative suspects that the child is a victim of abuse, the Child Representative must immediately inform Child Protection Services of the Ministry of Social and Family Development. The Child Representative must also inform the Court by way of letter at the earliest opportunity. The Judge may in his/her discretion call for a case conference.

(10) Where there are any matters which the Child Representative is of the view should only be shared in confidence with the Court in the best interest of the child, the Child Representative should write to court requesting for a case conference with the Judge presiding over the matter. The Judge may in his/her discretion call for a case conference only with the Child Representative. If there are any urgent issues relating to the safety of the child, the Child Representative must write to court immediately requesting for urgent audience.

(11) The Child Representative shall file in Court and serve on parties a Written Submission in Form 188 of Appendix A within the time frame directed by the Court.

(12) All correspondence to Court from the Child Representative or the parties shall be copied to the other party and the Child Representative (unless the Child Representative has been discharged) including that in paragraph (10) above.

8A. Parenting Coordinator

(1) The Court may, on its own motion or on the application of any party to the action or proceedings, order the parties to the proceedings to participate in a parenting coordination programme to be carried out by a Parenting Coordinator appointed by the Court, pursuant to rule 34C of the Family Justice Rules.

(2) Upon the making of an order for the parties to participate in the parenting coordination programme, the Registrar will select a Parenting Coordinator from the Court’s panel of Parenting Coordinators and send a ‘Notice of Acceptance/Non-Acceptance by Parenting Coordinator’ (Form 188A of Appendix A to these Practice Directions) to the selected member by email together with a copy of the Court’s order. The member may choose to accept or decline such an appointment by returning to the Registrar the completed ‘Notice of Acceptance/Non-Acceptance by Parenting Coordinator’ by email. If no response is received within 3 working days of the email, the member is deemed to have declined the appointment.

(3) All members on the Parenting Coordinators’ panel shall inform the Court of any changes to their email addresses within seven (7) working days of such change.

(4) Upon acceptance of the appointment, the Parenting Coordinator will receive a notification email from the Registrar providing the names and contact details of the parties and their respective solicitors, if any. The following documents will be enclosed with the notification:

(i) the Parenting Coordinator Checklist; and (ii) the Co-Parenting Questionnaire.

(5) Within 10 days from the receipt of the above notification, the Parenting Coordinator shall contact the parties to arrange the first parenting coordination session. The Parenting Coordinator shall also send the Co-Parenting Questionnaire for the parties’ completion and return at or before the first parenting coordination session. Notwithstanding that the parties may be represented by solicitors, the Parenting Coordinator shall contact the parties directly and vice-versa throughout the course of the parenting coordination programme. The parties shall endeavour to provide the Parenting Coordinator with documents necessary to facilitate the parenting coordination programme, including but not limited to the documents filed in Court.

(6) Pursuant to rule 34F(2) of the Family Justice Rules, either party to the proceedings or the Parenting Coordinator may apply for the termination of the parenting coordination programme. The application is made by filing a summons together with a supporting affidavit, and is to be served on all parties concerned within 3 working days.

9. Examination of children

(1) Applicants for the leave of the Court for a child to be examined or assessed under rule 35 of the Family Justice Rules must draft their applications in the prescribed format in Form 189 in Appendix A to these Practice Directions, with the appropriate modifications to suit the individual case.

(2) A draft Letter of Instruction to Expert Witness in the prescribed format in Form 190 in Appendix A to these Practice Directions, together with the relevant Schedules, must be annexed to the application.

(3) If parties are unable to agree on the expert to be appointed, the Court may consider appointing an expert from the panel of doctors in the Institute of Mental Health.

10. Arrangements for the welfare of children

(1) Section 123 of the Women’s Charter (Cap. 353) sets out the restrictions on the making of the interim judgment final for divorce or nullity of marriage or the granting of a judgment of judicial separation before proper arrangements for the welfare of the children have been made.

(2) To enable the Court to discharge its duty under section 123, counsel should, at the hearing of the proceedings, inform the Court —

(a) whether there are relevant children to whom the section applies;

(b) whether arrangements have or have not been made for the welfare of the children and that if arrangements have been made, whether they are satisfactory or are the best that can be devised in the circumstances;

(c) whether or not it is impracticable for the party or parties appearing before the Court to make such agreements; and

(d) whether or not the circumstances make it desirable that the interim judgment should be made final or as the case may be, that the judgment of judicial separation should be granted without delay.

10A. Seeking assistance from the Immigration and Checkpoints Authority (“ICA”) to enforce Court orders or injunctions restraining or prohibiting the taking of a child out of Singapore

(1) This paragraph applies to parties who intend to seek assistance from the ICA to prevent a child from being taken out of Singapore, in breach of a Court order or injunction.

(2) In proceedings under the Women’s Charter 1961, the Guardianship of Infants Act 1934 or the International Child Abduction Act 2010, a Court may grant an order or injunction (referred to in this paragraph as an “order”) restraining any party from taking the child out of Singapore, except in certain circumstances (e.g. with the written consent of the other party or parties to the proceedings in which the order was obtained).

(3) Any party (referred to in this paragraph as “the requestor”) who has been granted an order referred to in sub-paragraph (2) and who intends to seek assistance from the ICA to prevent the child from being taken out of Singapore must do the following:

(a) notify the ICA by providing the ICA with either a copy of the extracted or unextracted order referred to in sub-paragraph (2) and a copy of Form 190A of Appendix A of these Practice Directions, duly completed and signed; and

(b) where the requestor provides an unextracted order* referred to in sub-paragraph (3)(a), he or she must provide a copy of the extracted order to the ICA within 8 working days from the date of notification to the ICA of the order.

*An “unextracted order” mentioned in this paragraph refers to the draft order of Court that has been duly signed by one party or both parties (as the case may be) and electronically filed in eLitigation, and that is pending approval by the Family Justice Courts.

(3A) If the order referred to in sub-paragraph (3)(a) ceases to have effect, or is varied or discharged pursuant to a further Court order (referred to in this paragraph as a “further order”) such that the travel restrictions no longer apply, the requestor shall notify the ICA of the same, provide a copy of the extracted further order in that notification, and copy that notification to the other party or parties to the proceedings in which that further order was obtained. Where the effect of the further order is to remove travel restrictions, ICA will only act on the basis of an extracted further order.

(3B) If the order referred to in sub-paragraph (3)(a) is varied pursuant to a further order such that further travel restrictions apply, the requestor shall immediately notify the ICA of the same, provide a copy of the further order in that notification (in which event the requirements set out at sub-paragraphs (3)(a) and (b) would apply, with the necessary modifications in relation to the further order as they apply in relation to the order referred to in sub-paragraph (3)(a)), and copy the other party or parties to the proceedings in which that further order was obtained.

(3C) Where written consent is required to bring the child out of Singapore, such consent shall be given in Form 190B of Appendix A of these Practice Directions, and the ICA shall be notified of such consent.

(3D) All notifications to the ICA referred to in this paragraph must be given at least 1 working day before they are intended to have effect.

(4) The notifications to the ICA referred to in sub-paragraphs (3)(a), (3A), (3B) and (3C), and the copies of the extracted orders or further orders referred to in sub-paragraphs (3)(b), (3A) and (3B), must be sent to the ICA via email (which should not exceed 5MB in size) to the email address set out below (and copied to the other party (being a party to the proceedings in relation to which the notification was sent to the ICA or the order was obtained) or the party’s solicitors via email or ordinary mail, whichever is applicable). All such emails to the ICA will be attended to during the ICA’s working hours only:

ICA’s email address: [email protected]

ICA’s working hours are:-

- Mondays to Fridays: 8.00a.m. to 5.00p.m.

- Public Holiday Eves: 8.00a.m. to 12.00p.m.

- Saturdays, Sundays and Public Holidays: Closed.

(5) The ICA will not provide assistance to stop the child from being taken out of Singapore or otherwise take any action under this paragraph if any party fails to comply with the requirements in this paragraph.

(6) If the ICA’s assistance to enforce the order referred to in sub-paragraph (3)(a) or a further order referred to in sub-paragraph (3B) is no longer required, the requestor shall notify the ICA of the same with brief reasons, and send a copy of the notification and brief reasons to every other party to the proceedings in which that order or further order was obtained.