KIDS FIRST

Where do children fit in a divorce?

In most Western countries, it’s acknowledged that the end of a marriage doesn’t mean the dissolution of parenting responsibilities – rather, the overwhelming trend is for both parents to maintain involvement in the lives of their children. This is also the case in Singapore where it is viewed as positive for a child’s time to be shared between parents. We asked MARGARET YEOW, Head of the Family Department and Associate Director of Hoh Law Corporation, about the relatively new concept of “shared care and control”, and what it means for parents whose divorce is heard in Singapore. Tell us about this notion of shared care and control. How does it differ from the conventional concept of sole or joint custody?

A parent awarded sole or joint custody has the authority to make major decisions that may include a child’s health, education and religion. Care and control, on the other hand, is the right of a parent to care for the child and make daily decisions concerning their upbringing and welfare.

Shared care and control involves the child spending time with each parent, who then becomes the child’s primary caregiver and decision-maker during the time the child is living with him or her. In Singapore, “child” is defined in the Women’s Charter as a child of a marriage who is under 21 years of age.

The application of the concept of shared care and control varies from country to country. In the UK, for example, an innovative approach that minimises distraction to the children’s lives involves parents moving in and out while the children remain in a single house.

What grounds are considered before shared care and control is granted?

In general, shared care and control arrangements are facilitated by goodwill between parties with the aim to protect children’s welfare despite separation. Recent court judgements have ordered shared care and control to parents whose children are under seven years of age, taking into account the children’s welfare.

What are examples of shared care in practice?

Different court orders for shared care and control are made by considering the unique circumstances of parents and children. In one case, the court order was for the child to spend the period of time from 8pm Saturday to 11.30am Wednesday with the mother, and the rest of the week with the father; this allocated equal time for the child with each parent. In another case, the judge ruled that the children should spend alternate fortnights with each parent because the children were already living on fortnightly “rotational cycle”, and thereby minimising disruption to their lives.

What supplementary programmes can help facilitate shared care?

The Ministry of Social and Family Development (MSF) offers a number of programmes including “Children In Between”, for parents with children aged six to 14, which covers a wide variety of topics such as practical co-parenting skills, ways to reduce parental conflict and positive ways for children to cope with divorce.