PART 4 | Division 1 — Jurisdiction of Family Division of High Court |
| Original civil jurisdiction of General Division of High Court exercisable through Family Division |
22.—(1) The part of the civil jurisdiction of the General Division of the High Court which is exercised through the Family Division consists of —| (a) | the jurisdiction conferred on the General Division of the High Court by sections 17(1)(a), (d), (e) and (f) and 17A of the Supreme Court of Judicature Act 1969; and | | (b) | such other jurisdiction relating to family proceedings as is vested in or conferred on the General Division of the High Court by any written law. [40/2019] |
| (2) To avoid doubt, the Family Division of the High Court has, when exercising any jurisdiction mentioned in subsection (1)(a) or (b), all the powers of the General Division of the High Court in the exercise of its original civil jurisdiction. [40/2019] |
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| Appellate civil jurisdiction of General Division of High Court exercisable through Family Division |
23.—(1) The part of the appellate civil jurisdiction of the General Division of the High Court which is exercised through the Family Division consists of —| (a) | the hearing of appeals from Family Courts when exercising jurisdiction of a quasi‑criminal or civil nature; and | | (b) | the hearing of appeals and special cases from the Tribunal for the Maintenance of Parents. [40/2019] |
| (2) Subject to subsection (2A), an appeal lies to the General Division of the High Court from any decision of a Family Court exercising jurisdiction of a quasi‑criminal or civil nature. [16/2016; 40/2019] |
| (2A) An appeal lies to the General Division of the High Court from a decision of a Family Court only with the leave of that Family Court or the General Division of the High Court in any case specified in the Second Schedule subject to any exception specified in that Schedule. [40/2019] |
| (2C) An order of the General Division of the High Court giving or refusing permission under subsection (2A) or (2B) is final. [Act 18 of 2023 wef 31/01/2024] |
(3) An appeal to the General Division of the High Court from a decision of a Family Court —| (a) | may be heard before one Judge or 3 Judges; and | | (b) | if heard before 3 Judges, must be decided in accordance with the opinion of the majority of the Judges composing the General Division of the High Court. [40/2019] |
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(4) No Judge is to sit in the General Division of the High Court on the hearing of, or determine any application in proceedings incidental or preliminary to —| (a) | an appeal from a judgment or an order made by him or her as the Presiding Judge of the Family Justice Courts; or | | (b) | any proceedings relating to any judgment, order or direction made by him or her as the Presiding Judge of the Family Justice Courts. [40/2019] |
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| Appellate criminal jurisdiction of General Division of High Court exercisable through Family Division |
24.—(1) The part of the appellate criminal jurisdiction of the General Division of the High Court which is exercised through the Family Division consists of —| (a) | the hearing of appeals from Family Courts when exercising criminal jurisdiction; and | | (b) | the hearing of appeals from Youth Courts. [40/2019] |
| (2) An appeal lies to the General Division of the High Court from any decision of a Family Court exercising criminal jurisdiction or any decision of a Youth Court. [40/2019] |
(3) An appeal to the General Division of the High Court from a decision of a Family Court or Youth Court —| (a) | may be heard before one Judge or 3 Judges according to the provisions of the law for the time being in force relating to criminal procedure; and | | (b) | if heard before 3 Judges, must be decided in accordance with the opinion of the majority of the Judges composing the General Division of the High Court. [40/2019] |
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(4) No Judge is to sit in the General Division of the High Court on the hearing of, or determine any application in proceedings incidental or preliminary to —| (a) | an appeal against a conviction before him or her, or a sentence passed by him or her, as the Presiding Judge of the Family Justice Courts; | | (b) | any application made under section 400 of the Criminal Procedure Code 2010 in relation to any judgment or order made, or sentence passed, by him or her as the Presiding Judge of the Family Justice Courts; or | | (c) | any proceedings relating to any judgment, order or direction made by him or her as the Presiding Judge of the Family Justice Courts. [40/2019] |
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| Family Division may exercise entire jurisdiction of General Division of High Court |
| 25. To avoid doubt, the Family Division of the High Court may exercise the entire original and appellate civil and criminal jurisdiction of the General Division of the High Court under the Supreme Court of Judicature Act 1969 and under any other written law. [40/2019] |
| Division 2 — Jurisdiction of Family Courts |
| Jurisdiction of Family Courts |
26.—(1) A Family Court is a court of record.(2) Subject to subsections (4), (5) and (6), a Family Court has —| (a) | all the civil jurisdiction of the General Division of the High Court mentioned in section 22(1)(a) and (b); | | (b) | when exercising any jurisdiction mentioned in section 22(1)(a) or (b), all the powers of the General Division of the High Court in the exercise of the original civil jurisdiction of the General Division of the High Court; and | | (c) | such other jurisdiction relating to family proceedings as is conferred on a Family Court by any written law. [40/2019] |
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| (3) Without limiting subsection (2), the jurisdiction of a Family Court to hear and try any civil proceedings which come within the jurisdiction of the Syariah Court constituted under the Administration of Muslim Law Act 1966 is the same as that of the General Division of the High Court, as if section 17A of the Supreme Court of Judicature Act 1969 applies to a Family Court with the modification that any reference in that section to the General Division of the High Court is a reference to a Family Court. [40/2019] |
| (3A) If any family proceedings may be heard and determined by a Family Court or by the Family Division of the High Court, those proceedings must in the first instance be commenced in a Family Court. [16/2016] |
| (4) Despite subsections (2), (3) and (3A), the Chief Justice may by order in the Gazette direct that any class or description of family proceedings specified in the order are to be heard and determined by the Family Division of the High Court. [16/2016] |
(5) Subject to section 28A of the Supreme Court of Judicature Act 1969 and any order made under subsection (1) of that section, the jurisdiction of a Family Court under subsection (2) does not include —| (a) | any supervisory jurisdiction or revisionary jurisdiction; | | (b) | any jurisdiction relating to the judicial review of any act done or decision made by any person or authority, including the issue of any of the following prerogative orders:| (i) | a Mandatory Order; | | (ii) | a Prohibiting Order; | | (iii) | a Quashing Order; | | (iv) | an Order for Review of Detention; |
| | (c) | any jurisdiction vested exclusively in the General Division of the High Court, in a Youth Court, in any State Court, or in any judicial, quasi‑judicial or administrative tribunal, by written law; and | | (d) | any jurisdiction expressly excluded by written law. [40/2019] |
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(6) A Family Court has jurisdiction to grant relief by way of interpleader, and to order the sale of any property subject to interpleader proceedings, only in either of the following circumstances:| (a) | where a bailiff of the Family Justice Courts is charged with the execution of any process of a Family Justice Court, and claim is made to any money or other movable property taken or intended to be taken in execution of the process, or to the proceeds or value of any such property, by any person other than the person against whom the process is issued; | | (b) | where the person seeking relief —| (i) | is a party to any proceedings before a Family Justice Court; and | | (ii) | is under liability for any debt, money or other movable property for or in respect of which the person has been or expects to be sued by 2 or more parties making adverse claims thereto. |
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| (7) The criminal jurisdiction of a Family Court is the same as that of a District Court under section 50 of the State Courts Act 1970 and section 8 of the Criminal Procedure Code 2010. |
(8) When a Family Court exercises criminal jurisdiction, or jurisdiction of a quasi-criminal nature, in any proceedings —| (a) | the Family Court has all the powers of a District Court exercising criminal jurisdiction; and | | (b) | the provisions of the Criminal Procedure Code 2010 apply to the Family Court and those proceedings with the following modifications:| (i) | except as provided in sub-paragraph (iii), any reference to a District Court or a State Court is a reference to a Family Court; | | (ii) | any reference to a District Judge is a reference to a judge of a Family Court; | | (iii) | any reference to the Registrar of the State Courts is a reference to the Registrar. |
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(9) Subject to any other written law, a Family Court may, either on its own motion or on the application of any person, order any party to any proceedings in a Family Court, or any child involved in or whose custody or welfare is involved in the proceedings —| (a) | to undergo any mediation or other alternative dispute resolution process or counselling, or to participate in any family support programme or activity, as directed by the Family Court; or | | (b) | to attend any professional clinical or therapeutic intervention sessions as directed by the Family Court. [Act 18 of 2023 wef 31/01/2024] |
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(10) Where a Family Court orders any party or child to undergo any mediation or other alternative dispute resolution process under subsection (9), the Family Court also has the following powers:| (a) | to conduct the mediation or other alternative dispute resolution process; | | (b) | to appoint a judicial officer, an officer of the Family Justice Courts or any other person to conduct the mediation or other alternative dispute resolution process. [Act 18 of 2023 wef 31/01/2024] |
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| (11) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any order made under subsection (9) on or after the date of commencement of section 6(e) of the Family Justice Reform Act 2023 does not constitute a contempt of court. [Act 18 of 2023 wef 31/01/2024] |
(12) Where a person fails to comply with any order made under subsection (9) on or after the date of commencement of section 6(e) of the Family Justice Reform Act 2023 in any proceedings, the Family Court may —| (a) | stay the proceedings until the order has been complied with; | | (b) | order any person responsible for the non‑compliance to pay the costs of the proceedings; or | | (c) | make any other order that the Family Court thinks fit. [Act 18 of 2023 wef 31/01/2024] |
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| Assessors to assist Family Court |
27.—(1) In any proceedings before a Family Court, the Court may, if it thinks fit on the application of any party, or on its own motion, summon to its assistance, in such manner as may be prescribed by the Family Justice Rules or, prior to their enactment, the Rules of Court, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the Court and act as assessors.| (2) The remuneration of assessors for sitting under this section is to be at such rate as may be prescribed by the Family Justice Rules or, prior to their enactment, the Rules of Court and is to be costs in the proceedings unless otherwise ordered by the Family Court. |
| (3) Where any person is proposed to be summoned as an assessor, objection to him or her, either personally or in respect of his or her qualification, may be taken by any party in such manner as may be prescribed by the Family Justice Rules or, prior to their enactment, the Rules of Court. |
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| Examination and assessment of child, etc. |
28.—(1) In any proceedings before a Family Court involving the custody or welfare of a child or involving a person, the Court may, on the application of any party to those proceedings or on its own motion, appoint a registered medical practitioner, psychologist, counsellor, social worker or mental health professional to examine and assess the child or person (as the case may be) for the purposes of preparing expert evidence for use in those proceedings.| (2) Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional who is not appointed by the Family Court under subsection (1) examines or assesses the child or person, no evidence arising out of that examination or assessment is to be adduced in those proceedings without the leave of the Court. |
| (3) A registered medical practitioner, psychologist, counsellor, social worker or mental health professional appointed under subsection (1) may make such enquiries relevant to the examination and assessment of the child or person as may be provided for under the Family Justice Rules or, prior to their enactment, the Rules of Court. |
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| General power to transfer proceedings from Family Court to General Division of High Court, and vice versa |
| 29.—(1) The General Division of the High Court or a Family Court may, either on its own motion or on the application of any party, order any proceedings in a Family Court to be transferred to the General Division of the High Court, if it appears to the General Division of the High Court or Family Court (as the case may be) that those proceedings, by reason of involving some important question of law or of being a test case, or for any other sufficient reason, should be tried in the General Division of the High Court. [40/2019] | (2) The General Division of the High Court may, if it thinks fit, and either on its own motion or on the application of any party, order any proceedings in the General Division of the High Court to be transferred to a Family Court. [40/2019] |
| (3) An order made by the General Division of the High Court under subsection (1) or (2), or by a Family Court under subsection (1), may be made on such terms as the General Division of the High Court or Family Court (as the case may be) sees fit. [40/2019] |
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| Oral hearing not needed generally |
29A.—(1) Subject to subsection (2), a Family Court may decide any matter in its civil or quasi-criminal jurisdiction without hearing oral arguments, other than a matter prescribed by the Family Justice Rules.| (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an action) to be conducted without an oral hearing, unless all the parties consent. |
| (3) Subject to subsection (4), a Family Court may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communications as directed by the court. |
| (4) A Family Court must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. |
| (5) To avoid doubt, this section does not affect the power of a Family Court to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022] |
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| Summary dismissal of certain matters |
29B.—(1) A District Judge sitting in a Family Court may, on his or her own motion, summarily dismiss any appeal made against a decision of the Registrar relating to civil or quasi-criminal proceedings, if the District Judge is satisfied of any of the following:| (a) | every issue in the appeal has already been decided by a Family Court or a higher court in an earlier matter in which the appellant was involved, and the appeal therefore has no merit; | | (b) | such conditions as may be prescribed by the Family Justice Rules are met. |
(2) Before summarily dismissing any appeal under subsection (1), a District Judge sitting in a Family Court must —| (a) | give the appellant a reasonable opportunity to show cause why the appeal should not be summarily dismissed; and | | (b) | consider any representations of the appellant. |
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| (3) In this section, “appeal” includes part of an appeal. [Act 25 of 2021 wef 01/04/2022] |
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| Division 3 — Jurisdiction of Registrar |
| Jurisdiction of Registrar |
| 30. Any jurisdiction and powers conferred on the Family Division of the High Court or a Family Court by this Act or any other written law may be exercised, to the extent authorised by this Act, the Family Justice Rules or any other written law, by a Registrar. |
| Execution of deed, signing of document or indorsement of negotiable instrument |
31.—(1) If any judgment or order of the Family Division of the High Court or a Family Court is for the execution of a deed, the signing of a document or the indorsement of a negotiable instrument, and the party ordered to execute the deed, sign the document or indorse the instrument is absent, or neglects or refuses to do so —| (a) | any party interested in having the deed executed, the document signed or the instrument indorsed may prepare a deed, a document or an indorsement of the instrument in accordance with the terms of the judgment or order, and tender the same to a Registrar for execution upon the proper stamp, if any is required by law; and | | (b) | the signature of the Registrar on the deed, document or indorsement, by order of the Family Division of the High Court or the Family Court (as the case may be), has the same effect as the execution of the deed, signing of the document or indorsement of the instrument by the party ordered to execute the deed, sign the document or indorse the instrument. |
| (2) Nothing in this section is to be held to abridge the powers of the Family Division of the High Court or a Family Court to proceed by attachment against any person neglecting or refusing to execute, sign or indorse any such deed, document or instrument. |
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| Division 4 — Appeals from Family Court |
| General provision relating to appeals from Family Court exercising quasi-criminal or civil jurisdiction |
| 32. Subject to section 23, the Family Justice Rules or, prior to their enactment, the Rules of Court regulate and prescribe the procedure on appeals from a Family Court exercising jurisdiction of a quasi‑criminal or civil nature to the General Division of the High Court. [40/2019] |
| Agreement not to appeal from Family Court exercising civil jurisdiction |
33.—(1) An appeal cannot be brought against a decision of the Family Court exercising civil jurisdiction, where the parties have agreed in writing signed by or on behalf of each party that the decision is final, unless the party seeking to appeal proves that —| (a) | the decision is affected by fraud or illegality; or | | (b) | there was a fundamental breach of the rules of natural justice in the proceedings resulting in the decision. |
(2) An agreement mentioned in subsection (1) —| (a) | may be made before or after the decision to which the agreement relates is made; and | | (b) | may relate to part of a decision, in which case references in subsection (1) to a decision are to be read as references to that part of the decision. [Act 25 of 2021 wef 01/04/2022] |
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| Appeal from Family Court exercising civil or quasi‑criminal jurisdiction not to operate as stay of execution |
| 34.—(1) An appeal from a Family Court exercising civil or quasi‑criminal jurisdiction does not operate as a stay of execution or of proceedings under the judgment or order appealed from, unless the Family Court or the General Division of the High Court so orders. [40/2019] [Act 18 of 2023 wef 31/01/2024] | (2) No intermediate act or proceeding is invalidated except so far as the General Division of the High Court may direct. [40/2019] [Act 18 of 2023 wef 31/01/2024] |
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| Division 5 — Jurisdiction of Youth Courts |
| Jurisdiction of Youth Courts |
35.—(1) A Youth Court has the jurisdiction and powers conferred on it by the Children and Young Persons Act 1993.(2) When a Youth Court exercises criminal jurisdiction, or jurisdiction of a quasi-criminal nature, in any proceedings —| (a) | the Youth Court has all the powers of a District Court exercising criminal jurisdiction; and | | (b) | subject to the Children and Young Persons Act 1993, the provisions of the Criminal Procedure Code (Cap. 68) apply to the Youth Court and those proceedings with the following modifications:| (i) | except as provided in sub-paragraph (iii), any reference to a District Court or a State Court is a reference to a Youth Court; | | (ii) | any reference to a District Judge is a reference to a judge of a Youth Court; | | (iii) | any reference to the Registrar of the State Courts is a reference to the Registrar. |
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| (3) Subject to any other written law, a Youth Court may, either on its own motion or on the application of any person, order any party to any proceedings in a Youth Court to undergo such mediation or other alternative dispute resolution process or counselling, or to participate in such family support programme or activity, as the Youth Court may direct. [Act 18 of 2023 wef 31/01/2024] |
(4) Where a Youth Court orders any party to undergo any mediation or other alternative dispute resolution process under subsection (3), the Youth Court also has the following powers:| (a) | to conduct the mediation or other alternative dispute resolution process; | | (b) | to appoint a judicial officer, an officer of the Family Justice Courts or any other person to conduct the mediation or other alternative dispute resolution process. [Act 18 of 2023 wef 31/01/2024] |
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| (5) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any order made under subsection (3) on or after the date of commencement of section 10(e) of the Family Justice Reform Act 2023 does not constitute a contempt of court. [Act 18 of 2023 wef 31/01/2024] |
(6) Where a person fails to comply with any order made under subsection (3) on or after the date of commencement of section 10(e) of the Family Justice Reform Act 2023 in any proceedings, the Youth Court may —| (a) | stay the proceedings until the order has been complied with; | | (b) | order any person responsible for the non‑compliance to pay the costs of the proceedings; or | | (c) | make any other order that the Youth Court thinks fit. [Act 18 of 2023 wef 31/01/2024] |
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| Oral hearing not needed generally |
35A.—(1) Subject to subsection (2), a Youth Court may decide any matter in its jurisdiction without hearing oral arguments, other than a matter prescribed by the Criminal Procedure Rules or the Family Justice Rules.| (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an offence) to be conducted without an oral hearing. |
| (3) Subject to subsection (4), a Youth Court may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties, using such means of communication as directed by the court. |
| (4) A Youth Court must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. |
| (5) To avoid doubt, this section does not affect the power of a Youth Court to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022] |
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