- Custody covers major long-term decisions. Joint custody is the usual order.
- Care and control decides where the child mainly lives and who handles day-to-day matters.
- Access is the other parent's time with the child, such as weekdays, weekends and holidays.
- The child's welfare is the paramount consideration.
Custody
Custody is the right and responsibility to make major, long-term decisions about a child's upbringing, such as education, religion and significant medical treatment.
The courts generally make a joint custody order, so that both parents stay involved and consult each other on these big decisions. Joint custody does not mean the child lives half the time with each parent. Sole custody is uncommon and is reserved for exceptional situations, for example where there has been abuse or the parents cannot cooperate at all.
Care and control
Care and control decides which parent the child mainly lives with, and that parent handles the day-to-day decisions: meals, school routines, activities and so on. It is usually given to one parent, with the other parent having access.
The court can also order shared care and control, where the child spends roughly equal time in each home. There is no rule against it, but it is not presumed to be best either. The court looks at the child's age and needs, the child's relationship with each parent, whether the parents can cooperate, and whether moving between two homes suits the child.
Access
Access is the time the child spends with the parent who does not have care and control. It can cover weekdays, weekends, school holidays and public holidays, and overseas holidays where appropriate. Where there are concerns about a child's safety, the court can order supervised access.
The child's welfare comes first
In every decision about a child, the welfare of the child is the paramount consideration. Welfare is read widely, covering the child's physical, emotional and moral well-being. Factors the court commonly looks at include:
- the importance of both parents being involved in the child's life
- the bond between the child and each parent, and who has been the main caregiver
- the child's needs and, where the child is old enough to form an independent view, the child's wishes
- keeping siblings together
- each parent's ability to meet the child's needs
- stability, and the impact of any change on the child
The court does not use these orders to reward or punish either parent for how they behaved in the marriage, and a higher income does not by itself secure care and control. A child's wishes are considered, but the child does not simply choose. Where the facts are disputed, the court can call for reports from child welfare professionals, such as a custody evaluation.
Agreeing arrangements and changing them
Parents can agree these arrangements themselves, and the court will usually record an agreement that serves the child's interests. Where they can't agree and there is a child under 21, the court will usually direct them to mediation and counselling first (see our guide on mediation and counselling).
Orders about children can be varied later if circumstances change, though the court also values stability in a child's routine.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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