Family Justice Rules 2014

Status:

Current version
as at 20 Apr 2024

PART 4

Provisions relating to children

Division 1 — Child representative

Definitions

29. In this Division —

“child” means a person who is below 21 years old;

“mental health professional” includes a psychologist, a psychiatrist and a counsellor.

Appointment of child representative

30.—(1) Where a child is a party to or a subject of any action or proceedings, or where any action or proceedings involves a child or the custody or welfare of a child, the Court may, on its own motion or on the application of any party to the action or proceedings, appoint a child representative for the child if the Court is of the opinion that it is in the best interests of the child to do so.

(2) An application under paragraph (1) must be made by summons and supported by an affidavit.

(3) The summons and supporting affidavit must be served on every party to the action or proceedings.

(4) The Court may, when appointing a child representative under paragraph (1), make such orders as it considers necessary to secure the independent representation of the child’s interest.

Role of child representative

31.—(1) The child representative must —

(a)	form an independent view, based on the evidence available to him, of what is in the best interests of the child; and
(b)	act in what he believes to be in the best interests of the child.

(2) Subject to paragraph (1) and unless the Court otherwise directs, the child representative must, as far as possible and to the best of the child representative’s ability —

(a)

provide the child with the opportunity to express and clarify the child’s views on the matters in the action or proceedings;

(b)

ensure that the child can express the child’s views free from the influence of any person;

(c)

ensure that the child’s views, as expressed by the child, are fully and accurately presented to the Court;

(d)

ensure that the child has the opportunity to be advised about significant developments in the action or proceedings;

(e)

bring to the Court’s attention matters which are relevant to advancing the interests of the child, including information on the relationship between the child and any party to the action or proceedings;

(f)

if the child representative is satisfied that the adoption of a particular course of action (which may include the examination or assessment of the child by a mental health professional) is in the best interests of the child, apply or propose to the Court to adopt that course of action;

(g)

if any mental health professional is appointed, by the Court or otherwise, to examine or assess the child —

(i)	liaise with that mental health professional; and
(ii)	bring to the Court’s attention any evaluation made by that mental health professional which has not already been disclosed to the Court;

(h)

create and provide the opportunity for the child and the parties to the action or proceedings to resolve any issue or matter relating to the action or proceedings;

(i)

facilitate the resolution of any such issue or matter in sub‑paragraph (h) in a manner which is in the best interests of the child; and

(j)

provide such information, support and assistance to the child as is necessary for the action or proceedings, as and when requested by the child.

(3) A child representative must inform the Court —

(a)	of any matter or evidence relevant to the action or proceedings which the child representative is aware of, if doing so is in the best interests of the child, and even if there is any objection from the child or from any party to the action or proceedings; and
(b)	of any objection referred to in sub‑paragraph (a).

(4) The child representative may —

(a)	personally provide the information, support and assistance referred to in paragraph (2)(j); or
(b)	with the approval of the Court, arrange for the information, support and assistance to be provided by another person who is qualified to do so.

Written submissions of child representative

32.—(1) Unless the Court otherwise orders, the child representative must file a written submission to the Court, signed by the child representative, on the matters referred to in rule 31(2) and (3), together with any supporting documents, within one month after the date of the appointment of the child representative or such other period as the Court may direct.

(2) Unless the Court otherwise orders, the written submission referred to in paragraph (1) may propose the adoption of a course of action (including any course of action referred to in rule 31(2)(f)) which, in the opinion of the child representative, is in the best interests of the child.

(3) The written submission referred to in paragraph (1) must be served on all parties to the action or proceedings within such period as the Court may direct.

[S 301/2016 wef 01/07/2016]

Application to Court and case conference

33.—(1) A child representative may, at any time during the action or proceedings, apply to the Court to adopt a particular course of action.

(2) The Court may, at any time during the action or proceedings, on its own motion or on the application of the child representative or any party to the action or proceedings, convene a case conference to determine any issue relating to the confidentiality, disclosure or use of any document or information which has come into the possession, or to the attention, of the child representative.

(3) During an application under paragraph (1) or at a case conference under paragraph (2), the Court may make such order as it thinks fit, including an order as to costs.

Remuneration of child representative

34.—(1) The remuneration of the child representative —

(a)	shall be fixed by the Court; and
(b)	shall include any disbursements reasonably incurred by the child representative.

(2) Unless the Court otherwise orders, the parties to the action or proceedings shall be jointly and severally liable to pay the amount fixed by the Court for the remuneration of the child representative.

Division 1A — Parenting coordination programme

Definitions

34A. In this Division —

“child” means a person who is below 21 years of age;

“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;

“parenting coordinator” means a person appointed by the Court under rule 34C(1);

“parenting matter” means any matter relating to —

(a)	the custody, or care and control, of a child;
(b)	the right of access to a child; or
(c)	the welfare of a child;

“proceedings” means any of the proceedings mentioned in rule 34B.

[S 523/2020 wef 01/07/2020]

Application of Division

34B. This Division applies in relation to the following proceedings:

(a)	any proceedings in connection with an application under section 5 of the Guardianship of Infants Act (Cap. 122);
(b)	any matrimonial proceedings for which an order is sought from the Court under section 124, 128 or 129 of the Women’s Charter (Cap. 353). [S 523/2020 wef 01/07/2020]

Participation in parenting coordination programme

34C.—(1) For the purposes of section 26(9) of the Act, the Court may, on its own motion or on the application of any person, order the parties to any proceedings to participate in a parenting coordination programme to be carried out by a parenting coordinator appointed by the Court.

(2) An application by a party under paragraph (1) must be made by summons and supported by an affidavit.

(3) The summons and supporting affidavit must be served on every party to the proceedings.

(4) In deciding whether to make an order under paragraph (1), the Court is to consider —

(a)	whether the participation by the parties in the parenting coordination programme is in the best interests of a child;
(b)	whether the parties will benefit from the assistance of a parenting coordinator; and
(c)	whether the fees of a parenting coordinator are within the financial means of either or both parties to the proceedings.

(5) A parenting coordinator must act in what he believes to be the best interests of a child.

(6) The Court may, when making an order under paragraph (1), make any other order as it considers necessary for the parenting coordination programme to be carried out, including orders concerning the following:

(a)	the term of appointment of the parenting coordinator and the terms of reference of his appointment;
(b)	the period during which the parties are required to participate in the parenting coordination programme;
(c)	the frequency of the sessions of the parenting coordination programme to be conducted;
(d)	the remuneration of the parenting coordinator;
(e)	the proportion of the remuneration of the parenting coordinator to be paid by each party. [S 523/2020 wef 01/07/2020]

Application by parties for record of consent order

34D.—(1) This rule applies where the parties to any proceedings have, pursuant to participation in a parenting coordination programme, agreed to the resolution of any issue relating to a parenting matter.

(2) The parties mentioned in paragraph (1) may make an application for the Court to record a consent order in the terms of the resolution agreed by the parties.

(3) An application under paragraph (2) must be made by summons and supported by an affidavit.

[S 523/2020 wef 01/07/2020]

Power of Court to make subsequent order, etc.

34E.—(1) Despite the conclusion of any hearing during which any order was made under rule 34C, the Court may —

(a)	on its own motion; or
(b)	at the request of any party to the proceedings, or a parenting coordinator,

do anything mentioned in paragraph (2) to modify how the parenting coordination programme is to be carried out.

(2) The Court may —

(a)	make any order to modify the terms of the parenting coordination programme;
(b)	give any direction with respect to how the parenting coordination programme is to be carried out; or
(c)	direct that any party or the parenting coordinator, or all the parties and the parenting coordinator, attend a hearing before the Court during which the Court may make an order or give a direction mentioned in sub-paragraph (a) or (b).

(3) Without limiting paragraph (2), an order or a direction under that paragraph may extend the period of the parenting coordination programme or change the frequency of the sessions of the parenting coordination programme.

[S 523/2020 wef 01/07/2020]

Termination of parenting coordination programme

34F.—(1) A parenting coordination programme ends after the period specified by the Court in any order or direction under this Division, unless the Court orders otherwise under paragraph (2).

(2) The Court may, on application by any party to any proceedings, or a parenting coordinator, order the termination of the parenting coordination programme if the Court considers that there is good cause to do so.

[S 523/2020 wef 01/07/2020]

Report of parenting coordinator

34G.—(1) The Court may, not later than 12 months after the termination of a parenting coordination programme, require a report from the parenting coordinator for that programme on any parenting matter that was addressed or resolved during that programme.

(2) The Court may have regard to the report in considering any question relating to any parenting matter, in any proceedings concerning the same parties who participated in the parenting coordination programme.

[S 523/2020 wef 01/07/2020]

Division 2 — Examination of child

Examination of child with leave of Court

35.—(1) Where a child is a party to or a subject of any action or proceedings, or where any action or proceedings involve the welfare or custody of a child, a party must not, without the leave of the Court, cause the child to be examined or assessed by any registered medical practitioner, psychologist, counsellor, social worker or mental health professional for the purpose of preparing expert evidence for use in those proceedings.

(2) An application for leave under paragraph (1) must be made by summons and must be in the relevant Form.

(3) At the hearing of the leave application, the Court may give such directions and make such orders as it thinks fit, including directions —

(a)	relating to the appointment of an independent expert and the payment of his remuneration; and
(b)	limiting the number of experts who may be called in the proceedings.

(4) Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional who is not appointed by the Court pursuant to an application under paragraph (1) examines or assesses the child, no evidence arising out of the examination or assessment may be adduced without the leave of the Court.

(5) To avoid doubt, no application under paragraph (1) shall be made —

(a)

for the appointment of a registered medical practitioner, psychologist, counsellor, social worker or mental health professional who is —

(i)	a public officer in the State Courts or the Family Justice Courts; or
(ii)	a person who is involved in the examination or assessment of the child pursuant to a direction of the Court under rule 36; and

(b)

in respect of any examination or assessment of a child directed by the Court under rule 36.

Examination of child directed by Court

36. When considering any question relating to the welfare or interest of, or relating to the custody, care and control of and access to any child, the Court may, on its own motion and with a view to obtaining a report on the welfare of the child, direct that the child be examined or assessed by a person, whether or not a public officer, who is trained or has experience in matters relating to child welfare.

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