PART 1 | AMENDMENT OF FAMILY JUSTICE ACT 2014 |
2. In the Family Justice Act 2014 (called in this Part the Family Justice Act), in section 2(1) —| (a) | delete “, unless the context otherwise requires”; | | (b) | before the definition of “District Judge”, insert —| “ “alternative dispute resolution process” means a process by which a dispute (or any issue in the dispute) is resolved other than by litigation, including by mediation, arbitration, conciliation or neutral evaluation;”; |
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| | (c) | after the definition of “Magistrate”, insert —“ “mediation” means a process by which one or more mediators (whether court‑appointed mediators or otherwise) assist the parties to a dispute by —| (a) | facilitating an amicable settlement of the dispute or any issue in the dispute; and | | (b) | where an amicable settlement is reached by the parties — discussing or facilitating the carrying out of any matter pursuant to the settlement;”; and |
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| | (d) | after the definition of “Registrar”, insert —| “ “relevant proceedings” means any proceedings over which the Family Justice Courts exercise jurisdiction (except criminal jurisdiction);”. |
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3. In the Family Justice Act, after section 11, insert —| “Court may prohibit, etc., further applications or documents |
11A.—(1) Subsections (2) and (3) apply where an order (called a relevant order) has been made by a Family Justice Court in any relevant proceedings.(2) Where a Family Justice Court is satisfied that the filing of any application (called in this subsection Application X1) by a party to vary, suspend, discharge, rescind, set aside or revoke a relevant order, or any document in support of Application X1 (called in this subsection Document X1), will or is likely to —| (a) | be without merit, having regard to the party’s past conduct in the relevant proceedings or any other proceedings before a Family Justice Court involving facts or reliefs that are the same as or similar to those in the relevant proceedings; or | | (b) | where a child is or was a party to or a subject of the relevant proceedings or the proceedings in Application X1 — have an adverse effect on the welfare of the child, |
| the Court may make all or any of the following orders: |
| (c) | an order prohibiting the party from filing Application X1 or any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court; | | (d) | an order prohibiting the party from filing Document X1 or any other document in support of Application X1 or any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court; | | (e) | an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (c) or (d) without the permission of the Court. |
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(3) Where a Family Justice Court is satisfied that an application (called in this subsection Application X2) filed by a party on or after the date of commencement of section 3 of the Family Justice Reform Act 2023 to vary, suspend, discharge, rescind, set aside or revoke a relevant order, or any document filed in support of Application X2 (called in this subsection Document X2), will or is likely to be of the nature mentioned in subsection (2)(a) or have the effect mentioned in subsection (2)(b) in relation to a child who is or was a party to or subject of the relevant proceedings or the proceedings in Application X2, the Court may make all or any of the following orders:| (a) | an order that Application X2 be treated as dismissed or Document X2 be treated as expunged (as the case may be) on a date specified by the Court, if the party does not comply by that date with one or more conditions imposed by the Court; | | (b) | an order staying the proceedings in Application X2 until the specified date mentioned in paragraph (a); | | (c) | an order prohibiting the party from filing any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court; | | (d) | an order prohibiting the party from filing any document in support of Application X2 or any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court; | | (e) | an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (a), (b), (c) or (d) without the permission of the Court. |
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| (4) Subsections (5) and (6) apply where any relevant proceedings (whether commenced before, on or after the date of commencement of section 3 of the Family Justice Reform Act 2023) are pending before a Family Justice Court. |
(5) Where a Family Justice Court is satisfied that the filing of any application (called in this subsection Application X3) by a party in the relevant proceedings, or any document in support of Application X3 (called in this subsection Document X3), will or is likely to —| (a) | impede the just, expeditious or economical resolution or disposal of any matter in the relevant proceedings; or | | (b) | where a child is a party to or a subject of the relevant proceedings — have an adverse effect on the welfare of the child, |
| the Court may make all or any of the following orders: |
| (c) | an order prohibiting the party from filing Application X3 or any other application in the relevant proceedings, without the permission of the Court; | | (d) | an order prohibiting the party from filing Document X3 or any other document in support of Application X3 or any other application in the relevant proceedings, without the permission of the Court; | | (e) | an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (c) or (d) without the permission of the Court. |
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(6) Where a Family Justice Court is satisfied that any application (called in this subsection Application X4) filed by a party on or after the date of commencement of section 3 of the Family Justice Reform Act 2023 in the relevant proceedings, or any document filed in support of Application X4 (called in this subsection Document X4), will or is likely to be of the nature mentioned in subsection (5)(a) or have the effect mentioned in subsection (5)(b) in relation to a child who is a party to or subject of the relevant proceedings, the Court may make all or any of the following orders:| (a) | an order that Application X4 be treated as dismissed or Document X4 be treated as expunged (as the case may be) on a date specified by the Court, if the party does not comply by that date with one or more conditions imposed by the Court; | | (b) | an order staying the proceedings in Application X4 until the specified date mentioned in paragraph (a); | | (c) | an order prohibiting the party from filing any other application in the relevant proceedings, without the permission of the Court; | | (d) | an order prohibiting the party from filing any document in support of Application X4 or any other application in the relevant proceedings, without the permission of the Court; | | (e) | an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (a), (b), (c) or (d) without the permission of the Court. |
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| (7) An order prohibiting the filing of any application or document under subsection (2)(c) or (d), (3)(c) or (d), (5)(c) or (d) or (6)(c) or (d) may be of a general nature or a particular nature. |
(8) Any application filed by a party, or any document filed in support of such an application, contrary to any order under subsection (2)(c), (d) or (e), (3)(c), (d) or (e), (5)(c), (d) or (e) or (6)(c), (d) or (e), is to be treated as dismissed or expunged —| (a) | without the Court having to make any further order; and | | (b) | without the need for any other party to be heard on the merits of that application. |
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| (9) To avoid doubt, an order under subsection (2)(c), (d) or (e), (3)(c), (d) or (e), (5)(c), (d) or (e) or (6)(c), (d) or (e) does not prohibit the filing of an application for any permission required by the order.”. |
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4. In the Family Justice Act, after section 11A (as inserted by section 3), insert —| “Court may make order without application |
11B.—(1) Subject to subsection (2), a Family Justice Court may, in the course of any relevant proceedings commenced on or after the date of commencement of section 4 of the Family Justice Reform Act 2023 and on its own motion, make an order on any issue arising in a cause or matter, including an order of a substantive nature, which the Court has the power to make on the application of any person.(2) A Family Justice Court must not make an order of a substantive nature on the basis of subsection (1) unless —| (a) | every person likely to be affected by the order has been given an opportunity to be heard concerning the order; and | | (b) | the Court is satisfied that it is in the interests of justice to make the order. |
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| Court may impose restrictions on cross‑examination |
11C.—(1) Subsection (2) applies where an applicant or a respondent in any relevant proceedings commenced on or after the date of commencement of section 4 of the Family Justice Reform Act 2023 cross‑examines or intends to cross‑examine a witness in person or by counsel, in the relevant proceedings.(2) A Family Justice Court may, on its own motion or the application of any party, make any or both of the following orders in the circumstances prescribed by the Family Justice Rules:| (a) | an order that the cross‑examination be restricted in scope or duration; | | (b) | an order that the cross‑examination (or any part of the cross‑examination) must be conducted in any manner prescribed by the Family Justice Rules.”. |
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5. In the Family Justice Act, in section 23, before subsection (3), insert —| “(2C) An order of the General Division of the High Court giving or refusing permission under subsection (2A) or (2B) is final.”. |
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6. In the Family Justice Act, in section 26 —| (a) | replace subsection (3A) with —| “(3A) Where an application may be made to either a Family Court or the Family Division of the High Court, the application must be made in the first instance to a Family Court.”; |
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| | (b) | before subsection (7), insert —| “(6B) Where any written law specifies that any provisions of the Criminal Procedure Code 2010 apply to any family proceedings, those provisions apply to the family proceedings in the Family Court with any modifications that may be prescribed by the Family Justice Rules.”; |
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| | (c) | in subsection (8), delete “, or jurisdiction of a quasi‑criminal nature,”; | | (d) | in subsection (8), replace paragraph (b) with —| “(b) | the provisions of the Criminal Procedure Code 2010 apply to those proceedings in the Family Court, with any modifications that may be prescribed by the Family Justice Rules.”; and |
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| | (e) | replace subsection (9) with —“(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. |
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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. |
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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. |
(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.”. |
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7. In the Family Justice Act, in section 27 —| (a) | in subsections (1) and (3), delete “or, prior to their enactment, the Rules of Court”; and | | (b) | replace subsection (2) with —“(2) The remuneration of any assessor for sitting under this section is to be —| (a) | fixed by the agreement of all the parties to the dispute and the assessor or, failing such agreement, by the Family Court; and | | (b) | treated as costs in the proceedings unless the Family Court orders otherwise.”. |
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8. In the Family Justice Act, after section 29B, insert —| “Satisfaction of judgments and orders for payment of money |
29C.—(1) Where a judgment or an order is made, by a Family Court in any family proceedings, under which any sum of money is payable (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise), the Family Court may, as it thinks fit, order the money to be paid either —| (a) | in a lump sum, whether immediately or within a period fixed by the Family Court; or | | (b) | by instalments payable at the times fixed by the Family Court. |
(2) If at any time it appears to the satisfaction of a Family Court that any party to any family proceedings is unable from any cause to pay any sum recovered against the party (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment of the sum, the Family Court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings —| (a) | for any time and on any terms that the Family Court thinks fit; and | | (b) | from time to time until it appears that the cause of inability has ceased. |
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| (3) Where an order for payment by instalments is made, no enforcement (except under any maintenance enforcement proceedings) may issue except with the permission of the Family Court. |
(4) This section does not apply to —| (a) | any sum payable (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) under any judgment or order made by a Family Court before the date of commencement of section 8 of the Family Justice Reform Act 2023; | | (b) | any monthly or periodical sum ordered to be paid under a maintenance order; or | | (c) | any maintenance ordered to be paid in maintenance enforcement proceedings. |
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(5) In subsection (4) —| “maintenance enforcement proceedings” means the proceedings in court arising from any application under the Women’s Charter 1961 to enforce any payment or payments required to be made under a maintenance order, including any appeal against any decision made by the court on the application; |
“maintenance order” means —| (a) | an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966; | | (b) | an order for the payment of money in respect of the maintenance of an infant made under the Guardianship of Infants Act 1934; | | (c) | an order for maintenance made under the Maintenance of Parents Act 1995; | | (d) | a maintenance order, as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975, which is registered or confirmed by the court under that Act; | | (e) | an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child, made or deemed to be made by a court under Part 8 of the Women’s Charter 1961; or | | (f) | an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10 of the Women’s Charter 1961.”. |
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9. In the Family Justice Act, in section 34 —| (a) | in the section heading, replace “civil jurisdiction” with “civil or quasi‑criminal jurisdiction”; and | | (b) | in subsection (1), replace “civil jurisdiction” with “civil or quasi‑criminal jurisdiction”. |
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10. In the Family Justice Act, in section 35 —| (a) | after subsection (1), insert —| “(1A) Where any written law specifies that any provisions of the Criminal Procedure Code 2010 apply to any proceedings under the Children and Young Persons Act 1993, those provisions apply to those proceedings, with any modifications that may be prescribed by the Family Justice Rules.”; |
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| | (b) | in subsection (2), delete “, or jurisdiction of a quasi‑criminal nature,”; | | (c) | in subsection (2), replace paragraph (b) with —| “(b) | subject to the Children and Young Persons Act 1993, the provisions of the Criminal Procedure Code 2010 (except section 240(6) of that Code) apply to the Youth Court and those proceedings with any modifications that may be prescribed by the Family Justice Rules.”; |
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| | (d) | in subsection (3), after “such mediation”, insert “or other alternative dispute resolution process”; and | | (e) | after subsection (3), insert —“(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. |
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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. |
(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.”. |
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11. In the Family Justice Act, in section 45, after subsection (6), insert —“(7) A person who provides advice to a Family Justice Court under section 11A of the Guardianship of Infants Act 1934, section 12 of the International Child Abduction Act 2010, section 130 of the Women’s Charter 1961 or any other written law as the Minister may by order in the Gazette prescribe, shall not be liable to be sued for any advice so provided on or after the appointed date (including in the form of a report) or any act done on or after that date by that person for the purposes or in the course of providing the advice (including in the form of a report), if —| (a) | the advice was provided, or the act was done, in good faith; and | | (b) | the advice or act did not involve any fraud or wilful misconduct on his or her part. |
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(8) A parenting coordinator appointed by a Family Justice Court to conduct a parenting coordination programme shall not be liable to be sued for any act done on or after the appointed date by the parenting coordinator for the purposes of the parenting coordination programme, if the act —| (a) | was done in good faith; and | | (b) | did not involve any fraud or wilful misconduct on his or her part. |
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(9) A person (called a referrer) who, at the request of a Family Justice Court, refers any party to the proceedings or any child involved in or whose custody or welfare is involved in the proceedings for any professional clinical or therapeutic intervention, shall not be liable to be sued for any act done on or after the appointed date by the referrer for the purposes of the referral, if the act —| (a) | was done in good faith; and | | (b) | did not involve any fraud or wilful misconduct on the part of the referrer. |
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(10) In this section —“appointed date” means —| (a) | in the case of a person who provides advice to a Family Justice Court under any written law prescribed by order in the Gazette for the purposes of subsection (7) — the date prescribed by that order, being a date not earlier than the date of that order; or | | (b) | in any other case — the date of commencement of section 11 of the Family Justice Reform Act 2023; |
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| “parenting coordination programme” means a family support programme for the purpose of addressing or resolving any disagreement about any parenting matter between spouses or former spouses, arising from any relationship issue or relationship problem between spouses or former spouses, or between a parent and a child.”. |
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12. In the Family Justice Act, in section 46(3), after paragraph (h), insert —| “(ha) | prescribing the modes by which the wishes of a child may be determined by the Family Division of the High Court or a Family Court;”. |
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