How are Care and Control determined?

by | May 30, 2021

How are Care and Control determined?

  • The welfare of the child is the paramount consideration
    • The child’s wishes and preferences may also be taken into consideration by the Court
  • It is common for one parent to be awarded with care and control and the other parent to be awarded with access
  • Although shared care and control has occasionally been supported by the Court, this type of arrangement is rare / unusual because it tends to disrupt the child’s day­to­day routine
  • General observations on how the Court determines which parent should be awarded with care and control:
    • If the child is young (and provided all other factors are equal), the Court will prefer to award care and control to the mother
    • The maternal bond between the mother and an infant / young child is a key consideration
    • The Court prefers to preserve the status quo (i.e. maintain the current / existing continuity of living arrangements)
    • Siblings should not be separated
    • The Court will consider other relevant factors which may justify one parent being preferred over the other parent:
      • Bad habits e.g. gambling
      • Illness e.g. depression
      • Time already spent bonding with child
      • Availability / working hours of the parent
      • Focus or preoccupation with a parent’s career
      • Whether a parent has shown interest in the child’s welfare and well­being (e.g. education, health)
About the author

About the author

Jonathan Wong

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.