Stronger enforcement of child access orders for divorced parents from Jan 2

Measures to strengthen enforcement of child access orders when parents undergo divorce will be brought into force on Jan 2, said the Ministry of Social and Family Development (MSF) in a press statement on Dec 18.

The enhanced Enforcement of Child Access Orders will empower the courts to better enforce child access orders, particularly in cases where parents with care and control of children deny their former spouses access to the children.

These amendments to the Women’s Charter, passed in Parliament in January 2022, include measures such as mandatory counselling, mediation, therapeutic programmes or family support programmes.

Harsher measures include compensation expenses, for instance, if a parent paid for holiday accommodation or travel fares for the children but was deprived of child access by the former spouse, as well as arranging for additional access if the former spouse was denied access to the child.

Also included are security pledges and performance bonds to ensure future compliance with the order.

In cases where there is a breach of child access orders, the courts will be empowered to order a raft of measures, such as make-up access, compensation of expenses and mandatory counselling, as well as an execution of a performance bond.

As a last resort, a jail term and fine can be imposed on the parent the child lives with who fails to comply with the access orders without legitimate reasons.

On top of the changes to the Women’s Charter, the Family Justice Rules will be amended to simplify the child access enforcement process, which is expected to reduce the time and costs spent on court proceedings.

The burden of proof will also be shifted from the parent who does not live with the child to the parent the child lives with to explain any alleged breaches of the child access order.

The changes are in line with the Family Justice Courts’ focus on therapeutic justice, which is a non-adversarial process that seeks to solve problems and help divorced parents learn to manage their conflicts and engage in co-parenting.

This is in contrast to the traditional adversarial approach, where each party pursues their interests single-mindedly.

Other measures introduced under changes to the Women’s Charter include divorce by mutual agreement, and the extension of the mandatory co-parenting programme to all divorcing parents with children under 21 years old.

Since July, couples have been able to cite divorce by mutual agreement as a “fact” to prove that their marriage has broken down irretrievably, without citing faults like adultery or desertion.

Divorce by mutual agreement allows couples whose marriages have no possibility of reconciliation to take joint responsibility for the breakdown of their marriage and divorce without unnecessary acrimony. This allows the divorcing couple to focus on healing and prioritise their children’s well-being post-divorce, said MSF.

The extension of the mandatory co-parenting programme to all divorcing parents with minor children, to encourage the couple’s cooperation in parenting, took effect from September 2022.

Beyond legislative amendments, divorcing parents and their children can access counselling support and programmes at the Strengthening Families Programme@Family Service Centres.

Source: Straits Times © SPH Media Limited. Permission required for reproduction.

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