Enforcement and Variation of Existing Orders

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What if I have problems accessing my child?

In the event that the parent with care and control of your child refuses to let you access the child, your remedies are as follows:

1. Filing an application to request for a specific venue for the handover the child to you or request for an “assisted transfer”.

2. If your access to the child is intentionally obstructed by the parent with care and control, you may wish to commence committal proceedings against the other parent.

What if the parent having access to the child refuses to return access the child after the specified access periods?

In this case, you may wish to:

1. Apply for an order for (1) the child to be returned to you and (2) a restraining order to stop the other parent from having access outside the specified access periods.

2. Apply for an order to suspend access. The Court will not normally grant such an order unless the other parent repeatedly and blatantly disregards the existing order.

3. Commence committal proceedings against the other parent as he/ she is in contempt of the existing order.

Variation

Variation of an order for custody, care and control may be necessary in the following circumstances (non-exhaustive):

1. You wish to relocate with the child to another country and you are not the parent with care and control of the child. To relocate with the child, you would need to have care and control of the child (since you would be the one living with the child on a day-to-day basis).

2. In cases where your child has allegedly been abused by the parent with care and control (physically or psychologically), you may wish to file for a personal protection order on behalf of the child, against the errant parent. Naturally, you may also wish to have care and control of the child, in place of the parent who is allegedly abusing the child.

Variation of an order for access may be necessary if there is a material change in your or your child’s schedule, such that the ordered (or agreed) access periods need to be changed.

See: Sections 128 to 129 of Women’s Charter (Singapore)

Your divorce lawyer can assist by:

1. Advising you on the strength of your case (if you wish to make an application for enforcement or variation of child related orders).

2. Representing you in all proceedings relating to the enforcement or variation of child-related orders.

3. Drafting and filing the documents required by the Court.

4. Representing you in negotiations with the other party, mediation sessions and in Court.

You may also be interested to read more about:

1. Divorce and Separation

2. Annulment (Nullity) of Marriage

3. Children’s Issues

4. Matrimonial Assets

5. Maintenance Issues (Alimony)

6. Family Violence