One of the key discussion points in every divorce in Singapore (and possibly in all parts of the world) is the custody care and control of minor child.
How are the custody care and control of minor child in Singapore determined?
Custody refers to the right to make major decisions relating to healthcare, education and religion on behalf of a minor child. Most couples in Singapore have joint custody to their minor child.
On the other hand, if you have care and control of your minor child, you get to live with your child. Shared care and control is becoming more popular- with both parents spending an almost equal amount of time with the child every week. For shared care and control in Singapore, the Family Justice Courts will look at factors such as the age of the minor child (older minor children are deemed more suitable), ability of both parents to supervise and care for the minor child, and ability of both parents to work together in the care of the minor child.
The parent who does not have care and control will have access to the minor child.
Case of Scarlett Johansson
Scarlett Johansson did not file for divorce in Singapore. However, her requests in relation to the child are similar to what many Singaporean mothers will ask for in the event of a divorce.
She filed for divorce in New York Supreme Court in early March 2017 and requested for joint legal custody and residential custody of her 2-year-old daughter. Effectively, this means that she wants the Court to award joint custody and sole care and control to her.
From the factors in her case, it is possible that a Singapore Court would have granted her request.
- Her minor child is extremely young.
- She does not seem to be amicable with her husband- it is likely they will not be able to work together in the care of the child.
See: Piya Sinha-Roy, “Scarlett Johansson files for divorce, requests custody of daughter”, Reuters, 9 March 2017
There are many more factors that could determine the custody care and control of minor child in Singapore.
Please contact us for us to advise you on the issue of custody care and control of minor child in Singapore.
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