PART 1 | AMENDMENTS RELATING TO CHILD ACCESS ORDERS |
| Amendment of Part 2, Rule 1 |
| 2. In the Family Justice (General) Rules 2024 (G.N. No. S 720/2024) (called in these Rules the principal Rules), in Part 2, in Rule 1, in the definition of “claim for ancillary relief”, in paragraph (a), after “Act”, insert “, except for an application for an order under section 126B of the Act”. |
3. In the principal Rules, after Part 3, insert —“PART 3A ENFORCEMENT OF CHILD ACCESS ORDER UNDER
SECTION 5A OF GUARDIANSHIP OF INFANTS ACT 1934
OR SECTION 126B OF WOMEN’S CHARTER 1961 |
| Definitions of this Part (P. 3A, r. 1) |
1. In this Part —“access enforcement application” means —| (a) | an application under section 5A(2) of the Guardianship of Infants Act 1934 to enforce an order under section 5 of that Act giving a person access to a child; | | (b) | an application under section 126B(2) of the Women’s Charter 1961 to enforce an order under section 126 of that Act giving a person access to a child; or | | (c) | an application under section 126B(2) of the Women’s Charter 1961 to enforce an order under section 52(3)(c) of the Administration of Muslim Law Act 1966 giving a person access to a child, |
| whether the order is made before, on or after 2 January 2025; |
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“access enforcement order” means —| (a) | in relation to an application under section 5A(2) of the Guardianship of Infants Act 1934 — any order mentioned in section 5A(3) of that Act; and | | (b) | in relation to an application under section 126B(2) of the Women’s Charter 1961 — any order mentioned in section 126B(3) of that Act; |
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| “access order”, in relation to an access enforcement application, means the order that the application seeks to enforce; |
| “compliance bond” means a bond executed pursuant to an order under section 5A(3)(d) of the Guardianship of Infants Act 1934 or section 126B(3)(d) of the Women’s Charter 1961; |
| “respondent”, in relation to an access enforcement application, means the person required to give access under the access order. |
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| Division 2 — Procedure for access enforcement application |
| Access enforcement application how made (P. 3A, r. 2) |
2.—(1) An access enforcement application must be made in accordance with Part 5, Rule 1.| (2) Paragraph (1) applies despite section 5A(7) of the Guardianship of Infants Act 1934 or section 139(3A) of the Women’s Charter 1961, as the case may be. |
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| Supporting affidavit (P. 3A, r. 3) |
3. Without limiting Part 5, Rule 1(3), the supporting affidavit that accompanies an access enforcement application must state the following:| (a) | the particulars of the access order; | | (b) | the particulars of the respondent; | | (c) | the particulars of the respondent’s alleged breach of the access order; | | (d) | whether the applicant has previously made any access enforcement application against the respondent in respect of the access order; | | (e) | whether proceedings were previously brought to punish the respondent for contempt of court in respect of any alleged breach of the access order; | | (f) | if there has been any application or proceedings mentioned in paragraph (d) or (e) — the status or outcome of the application or proceedings. |
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| Failure to file respondent’s affidavit (P. 3A, r. 4) |
| 4. If the respondent fails to file and serve the respondent’s affidavit under Part 5, Rule 12, the Court may proceed to determine the access enforcement application or make any other appropriate order. |
| Absence of respondent (P. 3A, r. 5) |
5.—(1) Subject to paragraph (2), the Court may proceed, in the absence of the respondent to any access enforcement application, to hear and determine the application if —| (a) | the respondent —| (i) | does not appear at the time and place mentioned in the notice relating to the application that is issued by the Court; or | | (ii) | without reasonable excuse, does not appear at the time and place to which the application is adjourned; and |
| | (b) | no sufficient ground is shown for an adjournment. |
| (2) Where the Court in any access enforcement application intends to impose a fine or a sentence of imprisonment on the respondent under section 5A(3)(e) of the Guardianship of Infants Act 1934 or section 126B(3)(e) of the Women’s Charter 1961, the Court must require the respondent to attend in person before imposing the fine or sentence of imprisonment. |
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| Direction to show cause (P. 3A, r. 6) |
6.—(1) During the hearing of an access enforcement application, where the Court is satisfied that there are prima facie grounds that the respondent has breached the access order, the Court is to direct the respondent to show cause for the breach.(2) The respondent may show cause for the breach by doing any or any combination of the following:| (a) | giving evidence orally; | | (b) | calling a witness to give evidence orally; | | (c) | relying on the affidavit in reply. |
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(3) In deciding what order to make under section 5A(3) of the Guardianship of Infants Act 1934 or section 126B(3) of the Women’s Charter 1961, the Court may consider —| (a) | whether cause has been shown for the breach of the access order; and | | (b) | if no cause has been shown — whether there are any mitigating circumstances for the breach. |
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| Application to vary, rescind or set aside final orders (P. 3A, r. 7) |
7.—(1) An application to vary, rescind or set aside an order disposing of an access enforcement application on the merits must be made in accordance with Part 5, Rule 15.| (2) A summons for the firstmentioned application in paragraph (1) must be served personally on the other party if the summons is filed more than one year after the date of the last order made in the access enforcement application. |
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| Division 3 — Procedure for discharge of compliance bond |
| Respondent may apply to have compliance bond discharged (P. 3A, r. 8) |
8.—(1) A respondent who has executed a compliance bond may at any time apply to the Court to discharge the compliance bond.| (2) The application must be made in accordance with Part 5, Rule 15. |
| (3) Paragraph (2) applies despite section 5A(7) of the Guardianship of Infants Act 1934 or section 139(3A) of the Women’s Charter 1961, as the case may be. |
| (4) On receiving the application, the Court may direct that the compliance bond be discharged if the Court thinks it fit to do so. |
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| Surety may apply to have compliance bond discharged (P. 3A, r. 9) |
9.—(1) If a compliance bond is executed with sureties, a surety may at any time apply to the Court to discharge the compliance bond so far as it relates to the surety.| (2) The application must be made in accordance with Part 5, Rule 15. |
| (3) Paragraph (2) applies despite section 5A(7) of the Guardianship of Infants Act 1934 or section 139(3A) of the Women’s Charter 1961, as the case may be. |
(4) On receiving the application, the Court —| (a) | must direct that the compliance bond be discharged wholly or so far as it relates to the surety; and | | (b) | may summon the respondent to appear before the Court and call on the respondent to provide other sufficient sureties. |
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(5) If the respondent fails to provide other sufficient sureties when called on to do so under paragraph (4)(b), the Court may do any one or more of the following:| (a) | forfeit the compliance bond; | | (b) | order the respondent to pay a sum, being the whole or any part of the amount of the compliance bond, or to explain why that sum should not be paid; | | (c) | order that the sum mentioned in sub‑paragraph (b) be paid by instalments. |
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| (6) Rule 11(3), (4) and (5) applies in relation to a sum mentioned in paragraph (5)(b). |
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Division 4 — Procedure for application to forfeit
compliance bond |
| Application to forfeit compliance bond (P. 3A, r. 10) |
10.—(1) An application to forfeit a compliance bond must be made in accordance with Part 5, Rule 15.| (2) Paragraph (1) applies despite section 5A(7) of the Guardianship of Infants Act 1934 or section 139(3A) of the Women’s Charter 1961, as the case may be. |
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| Forfeiture of compliance bond without sureties (P. 3A, r. 11) |
11.—(1) This Rule provides for the forfeiture of a compliance bond without sureties.(2) If it is proved to a Court’s satisfaction that the respondent has, without reasonable excuse, failed to comply with the access order or any condition of the compliance bond, the Court —| (a) | must record the basis of such proof; | | (b) | must forfeit the compliance bond; | | (c) | may summon the respondent to appear before the Court; | | (d) | may order the respondent to pay a sum, being the whole or any part of the amount of the compliance bond, or to explain why that sum should not be paid; and | | (e) | may order that the sum mentioned in sub‑paragraph (d) be paid by instalments. |
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| (3) If the explanation mentioned in paragraph (2)(d) is inadequate, and the sum mentioned in that provision is not paid in full, the Court may make further access enforcement orders. |
| (4) Any unsatisfied part of the sum mentioned in paragraph (2)(d) constitutes a judgment debt in favour of the Government, and nothing in this Rule prevents the Government from recovering it as a judgment debt. |
| (5) The Court may, on the application of the respondent at any time after the respondent is called upon to pay the sum mentioned in paragraph (2)(d), reduce that sum and enforce part‑payment only. |
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| Forfeiture of compliance bond with sureties (P. 3A, r. 12) |
12.—(1) This Rule provides for the forfeiture of a compliance bond with one or more sureties.(2) If it is proved to a Court’s satisfaction that the respondent has, without reasonable excuse, failed to comply with the access order or any condition of the compliance bond, the Court —| (a) | must record the basis of such proof; | | (b) | must forfeit the compliance bond, so far as it relates to the respondent; | | (c) | may summon before the Court each person bound by the compliance bond; | | (d) | may call upon each surety bound by the compliance bond to explain why the compliance bond, so far as it relates to that surety, should not be forfeited; and | | (e) | may order the respondent to pay a sum, being the whole or any part of the amount of the compliance bond, or to explain why the respondent should not pay that sum. |
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(3) If —| (a) | the explanation given by a surety is inadequate; and | | (b) | it is proved to the Court’s satisfaction that the surety is in breach of any of the surety’s duties specified in the access order to execute the compliance bond, |
| (c) | must record the basis of such proof; and | | (d) | may, having regard to all the circumstances of the case —| (i) | forfeit the whole or any part of the amount of the compliance bond, so far as it relates to the surety; and | | (ii) | order the surety to pay the amount forfeited. |
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| (4) The Court may order that any sum or amount mentioned in paragraph (2)(e) or (3)(d) be paid by instalments. |
| (5) If the Court calls upon the respondent to pay the sum mentioned in paragraph (2)(e), or to explain why the respondent should not pay that sum, Rule 11(3), (4) and (5) applies to the respondent. |
| (6) Any unsatisfied part of the amount forfeited under paragraph (3)(d) constitutes a judgment debt in favour of the Government, and nothing in this Rule prevents the Government from recovering it as a judgment debt. |
| (7) The Court may, on the application of a surety at any time after the surety is ordered to pay the amount forfeited under paragraph (3)(d), reduce that amount and enforce part‑payment only. |
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| Division 5 — Miscellaneous |
| Summons for respondent or surety to appear, warrant to arrest and application of Criminal Procedure Code 2010 (P. 3A, r. 13) |
13.—(1) The Court may, in an access enforcement application or any other proceedings under this Part, issue a summons for the respondent or a surety who executes a compliance bond, to appear.| (2) Sections 3, 115, 116, 119 and 120 of the Criminal Procedure Code 2010 apply in relation to the issuance of a summons under paragraph (1). |
| (3) If the Court issues a warrant of arrest under section 120 of the Criminal Procedure Code 2010 read with paragraph (2), the provisions of Divisions 2, 3 and 5 of Part 6 of that Code apply to or in relation to the warrant of arrest. |
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| Part 23 does not apply to proceedings under this Part (P. 3A, r. 14) |
14.—(1) Part 23 does not apply to an access enforcement application or any other proceedings under this Part.| (2) To avoid doubt, Part 23 may apply to the enforcement of any order made under section 5A(3) of the Guardianship of Infants Act 1934 or section 126B(3) of the Women’s Charter 1961.”. |
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| Amendment of Part 19, Rule 2 |
| 4. In the principal Rules, in Part 19, in Rule 2(4)(c), after “court”, insert “or an access enforcement application within the meaning given by Part 3A, Rule 1”. |
| Deletion of Part 24, Rule 11 |
| 5. In the principal Rules, in Part 24, delete Rule 11. |
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