122. In this Chapter, wherever the context so requires, “child” means a child of the marriage as defined in section 92 but who is below 21 years of age.
Arrangements for welfare of children
123.—(1) Subject to this section, the court shall not make final any judgment of divorce or nullity of marriage or grant a judgment of judicial separation unless the court is satisfied as respects every child —
(a)
that arrangements have been made for the welfare of the child and that those arrangements are satisfactory or are the best that can be devised in the circumstances; or
(b)
that it is impracticable for the party or parties appearing before the court to make any such arrangements.
(2) The court may, if it thinks fit, proceed without observing the requirements of subsection (1) if —
(a)
it appears that there are circumstances making it desirable that the interim judgment be made final or (as the case may be) that the judgment of judicial separation should be granted without delay; and
(b)
the court has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the child before the court within a specified time.
(3) In this section and section 124, “welfare”, in relation to a child, includes the custody and education of the child and financial provision for him or her.
Orders on welfare of children
124. In any proceedings for divorce, judicial separation or nullity of marriage, the court may, at any stage of the proceedings, or after a final judgment has been granted, make such orders as it thinks fit with respect to the welfare of any child and may vary or discharge the said orders, and may, if it thinks fit, direct that proceedings be commenced for placing the child under the protection of the court.
[7/2016]
Paramount consideration to be welfare of child
125.—(1) The court may at any time by order place a child in the custody, or in the care and control, of the child’s father or mother or (where there are exceptional circumstances making it undesirable that the child be entrusted to either parent) of any other relative of the child or of any organisation or association the objects of which include child welfare, or of any other suitable person.
[7/2016]
(2) In deciding in whose custody, or in whose care and control, a child should be placed, the paramount consideration is to be the welfare of the child and subject to this, the court is to have regard —
(a)
to the wishes of the parents of the child; and
(b)
to the wishes of the child, where he or she is of an age to express an independent opinion.
[7/2016]
Orders subject to conditions
126.—(1) An order for custody may be made subject to such conditions as the court may think fit to impose and, subject to such conditions (if any) as may from time to time apply, entitles the person given custody to decide all questions relating to the upbringing and education of the child.
(2) Without limiting subsection (1), an order for custody may —
(a)
contain conditions as to the place where the child is to reside, as to the manner of his or her education and as to the religion in which he or she is to be brought up;
(b)
provide for the child to be temporarily in the care and control of some person other than the person given custody;
(c)
provide for the child to visit a parent deprived of custody, or any member of the family of a parent who is dead or has been deprived of custody, at such times and for such periods as the court may consider reasonable;
(d)
give a parent deprived of custody or any member of the family of a parent who is dead or has been deprived of custody the right of access to the child at such times and with such frequency as the court may consider reasonable; or
(e)
prohibit the person given custody from taking the child out of Singapore.
(2A) An order for the care and control of a child may be made subject to such conditions as the court may think fit to impose.
[7/2016]
(2B) Without limiting subsection (2A), an order for the care and control of a child may —
(a)
contain conditions as to the place where the child is to reside;
(b)
provide for the child to visit a parent who does not have custody or care and control of the child, or any member of the family of a parent who is dead or does not have custody or care and control of the child, at such times and for such periods as the court may consider reasonable;
(c)
give a parent who does not have custody or care and control of the child, or any member of the family of a parent who is dead or does not have custody or care and control of the child, the right of access to the child at such times and with such frequency as the court may consider reasonable; or
(d)
prohibit the person given care and control of the child from taking the child out of Singapore.
[7/2016]
(3) Despite subsections (1) and (2A), where an order for custody, or an order for care and control, is in force, a person must not take the child who is the subject of the order out of Singapore, except with the written consent of both parents or the permission of the court.
[7/2016]
[Act 25 of 2021 wef 15/10/2024]
(4) Subsection (3) does not prevent the taking out of Singapore for a period of less than one month of the child by the person given custody, or care and control, of the child or by any other person who has the written consent of the person given custody, or care and control, of the child to take the child out of Singapore.
[7/2016]
(5) Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Enforcement of custody order, etc.
126A.—(1) This section applies where —
(a)
the court makes an order for a child to be placed in the custody, or the care and control, of a person; and
(b)
the child leaves, or is removed from, the physical custody of that person.
(2) To enforce the order, the court may —
(a)
order that the child be returned to the physical custody of the person mentioned in subsection (1)(a); and
(b)
direct the bailiff to seize the child and deliver the child to the physical custody of that person.
[Act 3 of 2022 wef 02/01/2025]
Enforcement of child access order
126B.—(1) This section applies where —
(a)
the court makes an order under section 126 (called in this section the access order) giving a person (X) access to a child; and
[Act 32 of 2024 wef 02/01/2025]
(b)
the order is breached by the person (Y) who is required by the order to give X access to the child.
(2) X may apply to the court to enforce the access order against Y.
(3) Without limiting any other power of the court, the court may do all or any of the following in an application under subsection (2):
(a)
order Y to give X additional access to the child to make up for the access denied to X as a result of the breach;
(b)
order Y to compensate X for any reasonable expenses incurred by X as a result of the breach;
(c)
order X, Y and the child (or any of them) to attend all or any of the following:
(i)
counselling;
(ii)
mediation;
(iii)
a therapeutic or an educational programme specified by the court;
(iv)
a family support programme as defined in section 139A;
(d)
order Y to execute a bond, with or without sureties or security, as the court may determine, to secure Y’s future compliance with the access order;
(e)
for every breach of the access order by Y, sentence Y to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(4) To avoid doubt, an order under subsection (3)(a) must not give X more access than what X is entitled to under the access order.
(5) The court may, in making any order under subsection (3)(a), (b), (c) or (d) in respect of a breach of the access order —
(a)
reserve the question whether Y should also be sentenced under subsection (3)(e) for that breach; and
(b)
return to the question subsequently (without X having to make a fresh application).
(6) In respect of a breach of an access order, X may do either, but not both, of the following:
(a)
make an application under subsection (2);
(b)
bring proceedings to punish Y for contempt of court in respect of that breach.
[Act 3 of 2022 wef 02/01/2025]
(7) Despite section 47(1) of the Family Justice Act 2014, an access order made by the General Division of the High Court (whether before, on or after 1 October 2014) may be enforced by a Family Court in accordance with this section as if the access order had been made by the Family Court, except that a Family Court has no power to vary an order of the General Division of the High Court.
[Act 18 of 2023 wef 02/01/2025]
Power of court to order maintenance for children
127.—(1) During the pendency of any matrimonial proceedings or when granting or at any time subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage, the court may order a parent to pay maintenance for the benefit of his or her child in such manner as the court thinks fit.
(2) The provisions of Parts 8 and 9 apply, with the necessary modifications, to an application for maintenance and a maintenance order made under subsection (1).
Power of court to vary order for custody, etc.
128. The court may at any time vary or rescind any order for the custody, or the care and control, of a child on the application of any interested person, where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances.
[7/2016]
Power of court to vary agreement for custody, etc.
129. The court may, at any time and from time to time, vary the terms of any agreement relating to the custody, or the care and control, of a child, regardless when the agreement was made, despite any provision to the contrary in that agreement, where it is satisfied that it is reasonable and for the welfare of the child to do so.
[7/2016]
Court to have regard to advice of welfare officers, etc.
130. When considering any question relating to the custody, or the care and control, of any child, the court is to, whenever it is practicable, have regard to the advice of a person, whether or not a public officer, who is trained or experienced in child welfare but is not bound to follow such advice.
[2/2011; 7/2016]
Power of court to restrain taking of child out of Singapore
131.—(1) The court may, on the application of the father or mother of a child —
(a)
where any matrimonial proceedings are pending; or
(b)
where, under any agreement or order of court, one parent has custody, or care and control, of the child to the exclusion of the other,
issue an injunction restraining the other parent from taking the child out of Singapore or may give permission for such child to be taken out of Singapore either unconditionally or subject to such conditions or such undertaking as the court may think fit.
[7/2016]
[Act 25 of 2021 wef 15/10/2024]
(2) The court may, on the application of any interested person, issue an injunction restraining any person, other than a person having custody, or care and control, of a child, from taking the child out of Singapore.
[7/2016]
132. [Repealed by Act 18 of 2023 wef 16/01/2025]
Programmes for children
132A.—(1) In any proceedings for divorce, judicial separation or nullity of marriage where the parties have a child falling within a prescribed class of children, the court may advise one or both parties to secure the child’s completion of a programme for children.
(2) Advice under subsection (1) may be given at any stage of the proceedings or after a final judgment has been granted.
(3) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice under subsection (1) is not a contempt of court.
(4) If any advice under subsection (1) is not complied with, the court may make any order it sees fit.
(5) In this section, “programme for children” means any programme, counselling, psychological service, assessment or other activity —
(a)
carried out for the purpose of helping a child handle the impact of —
(i)
the dissolution or annulment of his or her parents’ marriage; or
(ii)
his or her parents’ judicial separation; and
(b)
the form, contents and duration of which are determined by the Minister.
