More powers for S’pore judges from Oct 15 to bar applications that may harm a child’s welfare

From Oct 15, judges at the Family Justice Courts (FJC) will get more powers to bar unmeritorious applications that may harm a child’s welfare or unnecessarily delay divorce proceedings when amendments to the Family Justice Act 2014 kick in.

In a statement on Sept 16, the FJC said the amendments to the Act that will come into force on Oct 15 include those that:

• Prevent a person from filing an application that would affect the fairness of the process, delay proceedings or increase legal costs, or have a negative impact on the child’s welfare.

• Bar a person from filing an application to change an existing court order if it is without merit, or would negatively impact the child’s welfare.

• Give the court power to make substantive orders even when the parties involved did not file an application, after ensuring that all affected parties have been given a chance to be heard by the court. These substantive orders could relate to access, custody and maintenance, said lawyers interviewed.

During the second reading of the Family Justice Reform Bill in May 2023, then Senior Parliamentary Secretary for Law Rahayu Mahzam said that many people involved in family cases are not represented by a lawyer, so they may not be aware of the orders needed to address their particular issue or to safeguard their child’s welfare. 

Giving the court the power to make substantive orders, even if those involved did not ask for that order, allows the court to make the necessary orders to address the issues effectively, she said. Ms Rahayu is now the Minister of State for Health and Digital Development and Information. 

Lawyers say examples of unmeritorious applications that could be thrown out when amendments to the Act kick in include multiple attempts to change access orders because the parent is unhappy with existing arrangements.

Access orders are court orders that give the parent who does not live with the child time to spend with the child after the divorce. 

During the Law Society of Singapore’s Family Conference 2024 on Sept 3, the FJC’s presiding judge Teh Hwee Hwee said the changes are part of a shift to reduce conflict in divorce cases and adopt a more “judge-led approach”.

In a judge-led approach, judges specialising in family matters lead and control the pace and direction of divorce proceedings. 

A new section of the Family Justice Act 2014 also protects a larger pool of vulnerable witnesses in more types of court proceedings, such as cases that involve victims of family violence.  

This is because the court will have more powers to restrict the manner, scope and duration of the cross-examination of vulnerable witnesses, if it is “satisfied that the questioning of the vulnerable witness is unduly intimidating or oppressive”.

The FJC statement added: “This is to protect vulnerable witnesses and prevent victims from being re-traumatised by their aggressors. It is hoped that these measures will encourage those in need of protection to seek help through legal means.”

Meanwhile, the new set of Family Justice Rules 2024, which regulate and prescribe the procedure and the practice to be followed in all proceedings in the FJC, will also be implemented from Oct 15. 

The new rules follow the reforms recommended by the Committee to Review and Enhance Reforms in the Family Justice System. It recommended that the rules be redesigned to make the process of family litigation simpler, more timely and more affordable.

One significant change to the rules is the simplification of terms used in family law, so that it is easier for people to understand what they mean.

For example, “ex parte” will now be described as “without notice”, and “leave of court” will be known as “permission of court”.

Eden Law Corporation managing director June Lim said one change she is looking forward to in the new rules is that the couple involved in the divorce are expected to disclose certain documents, such as payslips and bank statements, upfront.

If they fail to do so, they have to explain to the court why they are not disclosing these documents, she said. “This will aid the court in ensuring full and frank disclosure of both parties’ financial situations, which will in turn ensure fairer outcomes in division of matrimonial assets.”

Source: Straits Times © Singapore Press Holdings Ltd. Permission required for reproduction.

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