Maintenance of Parents Act
(CHAPTER 167B, Sections 20 and 21)
Maintenance of Parents Rules
R 1
G.N. No. S 241/1996

REVISED EDITION 2009
(31st March 2009)
[1st June 1996]
Citation
1.  These Rules may be cited as the Maintenance of Parents Rules.
Definitions
1A.  In these Rules —
“relevant Form”, in relation to any purpose for which a specific form is required to be used, means the relevant form that is set out for that purpose on the Internet website of the Tribunal at https://www.msf.gov.sg/tmp;
“Secretary” means the Secretary to the Tribunal appointed under section 13(12) of the Act.
[S 562/2024 wef 01/07/2024]
Application to be approved person or organisation
2.—(1)  Any person or organisation that desires to be an approved person or organisation for the purposes of the Act may apply to the Minister for approval.
[S 146/2011 wef 15/03/2011]
[S 562/2024 wef 01/07/2024]
(1A)  An application for the Minister’s approval under paragraph (1) must be made in the relevant Form.
[S 562/2024 wef 01/07/2024]
(2)  The person or organisation seeking approval shall furnish the Minister with such information or documents as the Minister may require.
Registry of Tribunal
3.  A Registry for the Tribunal shall be established under the charge of the Secretary.
[S 562/2024 wef 01/07/2024]
Records
4.—(1)  The Secretary shall cause to be kept —
(a)a record of proceedings of the Tribunal;
(b)all applications and papers filed with the Registry; and
(c)such other records or books as the President or a deputy President of the Tribunal may direct,
[S 146/2011 wef 15/03/2011]
in accordance with directions given by the President or deputy President of the Tribunal, as the case may be.
(2)  Any party to the proceedings under the Act shall be entitled to a copy of the record of the proceedings of the Tribunal upon request in writing addressed to the Secretary.
[S 146/2011 wef 15/03/2011]
Record or purported record of abandonment, abuse or neglect
4A.  For the purposes of the Act, a record against or relating to a person is a record or purported record of the person’s abandonment, abuse or neglect of a child of the person if the record —
(a)is a record mentioned in Part 1 of the Schedule in relation to the child; and
(b)indicates or purportedly indicates that the person abandoned, abused or neglected the child.
[S 562/2024 wef 01/07/2024]
Application under section 3B(2) of Act
4B.—(1)  An application to the Tribunal under section 3B(2) of the Act (by, on behalf of or in respect of a parent who has a record or purported record of abandonment, abuse or neglect of a child of the parent) must be lodged with the Secretary.
(2)  The application must be made in the relevant Form for the application and must include or be accompanied by —
(a)the particulars of the parent;
(b)if the application is made —
(i)by a person on behalf of the parent — the particulars of that person; or
(ii)by an approved person or organisation in respect of the parent — the particulars of that approved person or organisation;
(c)a statement setting out —
(i)the act or omission which indicates or purportedly indicates abandonment, abuse or neglect of the child by the parent;
(ii)if it is claimed that the parent did not abandon, abuse or neglect the child — the circumstances that resulted in the record or purported record of abandonment, abuse or neglect; and
(iii)the reasons in support of the application;
(d)documents in support of the statement mentioned in sub-paragraph (c);
(e)documents in support of the parent’s physical or mental disability, if any; and
(f)any other document required in the relevant Form for the application.
(3)  After the application is lodged with the Secretary, the Secretary must —
(a)indicate on the application the date on which it was received;
(b)assign a number to the application;
(c)if the president or a deputy president of the Tribunal refers the application to the Tribunal under section 3B(3)(b) of the Act for decision — fix a time and date for the hearing of the application before the Tribunal; and
(d)inform the following persons of the time and date fixed under sub-paragraph (c):
(i)the person who made the application;
(ii)if section 3B(2)(a) and (b) of the Act applies — the child.
(4)  The title of the application is the number assigned to the application under paragraph (3)(b).
[S 562/2024 wef 01/07/2024]
Application under section 3 or 8(2) of Act
5.—(1)  Each of the following applications must be made in the relevant Form for the application and lodged with the Secretary:
(a)an application for maintenance under section 3 of the Act;
(b)an application under section 8(2) of the Act for variation or rescission of —
(i)a maintenance order;
(ii)a direction given under section 6(5) of the Act; or
(iii)an order made under section 6(8) of the Act.
(2)  Every application mentioned in paragraph (1) must include or be accompanied by —
(a)if the application is made by, on behalf of or in respect of a parent —
(i)the particulars of the parent; and
(ii)if the application is made —
(A)by a person on behalf of the parent — the particulars of that person; or
(B)by an approved person or organisation in respect of the parent — the particulars of that approved person or organisation;
(b)if the application is made by or on behalf of a respondent —
(i)the particulars of the respondent; and
(ii)if the application is made by a person on behalf of the respondent — the particulars of that person;
(c)a statement of the financial needs, income, earning capacity and other financial resources of —
(i)for an application mentioned in paragraph (1)(a) that is made by or on behalf of a parent, or by an approved person or organisation in respect of the parent — the parent; or
(ii)for an application mentioned in paragraph (1)(b) —
(A)if the application is made by or on behalf of a parent, or by an approved person or organisation in respect of the parent — the parent; or
(B)if the application is made by or on behalf of a respondent — the respondent;
(d)documents in support of the physical or mental disability (if any) of —
(i)for an application mentioned in paragraph (1)(a) that is made by or on behalf of a parent, or by an approved person or organisation in respect of the parent — the parent; or
(ii)for an application mentioned in paragraph (1)(b) —
(A)if the application is made by or on behalf of a parent, or by an approved person or organisation in respect of the parent — the parent; or
(B)if the application is made by or on behalf of a respondent — the respondent; and
(e)any other document required in the relevant Form for the application.
[S 562/2024 wef 01/07/2024]
Application for joinder of respondents
6.—(1)  Before a respondent serves a notice under section 4 of the Act for joinder of respondents on other persons liable to maintain the respondent’s parent, he shall, within 14 days of the service of the notice of application, file an application for such notice in the relevant Form with the Secretary.
[S 146/2011 wef 15/03/2011]
[S 562/2024 wef 01/07/2024]
(2)  The notice for joinder of respondents under section 4 of the Act shall be in the relevant Form and shall be signed by the Secretary.
[S 146/2011 wef 15/03/2011]
[S 562/2024 wef 01/07/2024]
Notice of application mentioned in rule 5(1) or 6(1)
7.—(1)  Where an application mentioned in rule 5(1) or 6(1) is lodged, the Secretary shall —
(a)indicate on the application the date on which it was received;
(b)assign a number to the application, which shall thereafter constitute the title of the application;
(c)fix a time and date for appearance before the Tribunal and, if applicable, a time and date for subsequent referral of the differences to a mediator in accordance with section 5(7) or 8(4) of the Act, as the case may be; and
[S 562/2024 wef 01/07/2024]
(d)give notice in the relevant Form to the applicant and respondents of the time and date to appear before the Tribunal to state the differences between parties and subsequent mediation with the mediator so fixed.
[S 146/2011 wef 15/03/2011]
[S 562/2024 wef 01/07/2024]
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(2)  For an application mentioned in rule 5(1), the Secretary must attach a copy of the application to every notice given under paragraph (1)(d) for the application, except the notice given to the person who made the application.
[S 562/2024 wef 01/07/2024]
[S 562/2024 wef 01/07/2024]
Answer
8.—(1)  A respondent or co-respondent may, within 14 days of the service of a notice under rule 7(1)(d), file an answer with the Secretary.
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(2)  The answer shall be in the relevant Form and accompanied by —
(a)a statement of the respondent’s income, earning capacity, property and other financial resources;
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(b)a statement of the expenses incurred by the respondent in supporting his spouse or children, if any;
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(c)a statement of the contributions and provisions, whether financial or otherwise, which the respondent has made for the maintenance of the respondent’s parent; and
[S 146/2011 wef 15/03/2011]
[S 562/2024 wef 01/07/2024]
(d)such other documents as may be required in the answer.
[S 562/2024 wef 01/07/2024]
(3)  The respondent shall serve a copy of the answer and the statements and documents referred to in paragraph (2) on the applicant and other respondents.
[S 146/2011 wef 15/03/2011]
Notice of hearing
9.—(1)  Where the mediator mentioned in rule 7(1)(c) or 10(5)(a) is unable, within a reasonable time, to achieve a settlement acceptable to all parties in the dispute, he shall notify the Secretary and the Secretary shall —
(a)fix a time and date for the hearing and determination of the application mentioned in rule 7(1) before the Tribunal; and
[S 562/2024 wef 01/07/2024]
(b)inform the applicant, respondents and all other relevant parties of the time and date of hearing so fixed.
[S 146/2011 wef 15/03/2011]
[S 562/2024 wef 01/07/2024]
(2)  The mediator may from time to time adjourn the mediation on such conditions as he thinks just.
[S 562/2024 wef 01/07/2024]
Order in respondent’s absence
10.—(1)  The Tribunal may proceed to determine an application mentioned in rule 7(1) and make an order in the absence of the respondent if the Tribunal is satisfied that the notice of hearing has been properly served.
[S 146/2011 wef 15/03/2011]
[S 562/2024 wef 01/07/2024]
(2)  A respondent who was not present at a hearing may apply to set aside any order the Tribunal made in his absence within 14 days of the making of the order or such other longer period as the Tribunal may allow.
[S 146/2011 wef 15/03/2011]
[S 562/2024 wef 01/07/2024]
(2A)  An application under paragraph (2) to set aside an order must be made in the relevant Form.
[S 562/2024 wef 01/07/2024]
(3)  Where an application to set aside an order is lodged, the Secretary shall —
(a)fix a time and date for the hearing of the application; and
(b)notify the applicant, respondents and all other relevant parties of the time and date of hearing so fixed.
[S 146/2011 wef 15/03/2011]
(4)  The Secretary must attach a copy of the application mentioned in paragraph (3) to every notice given under paragraph (3)(b) for the application, except the notice given to the person who made the application.
[S 562/2024 wef 01/07/2024]
(5)  Where the order of the Tribunal has been set aside, the Tribunal may —
(a)refer the application mentioned in rule 7(1) to a mediator for mediation;
[S 562/2024 wef 01/07/2024]
(b)hear the application; or
(c)make any direction as it thinks just.
Enforcement of maintenance orders
11.—(1)  A maintenance order made under the Act shall be enforced in accordance with section 10 of the Act and including section 71, 71A, 71B, 71C, 79, 79A or Part IX of the Women’s Charter (Cap. 353), as the case may be.
[S 146/2011 wef 15/03/2011]
(2)  [Deleted by S 175/2016 wef 16/05/2016]
Maintenance to approved person or organisation
12.  An approved person or organisation shall pay any moneys awarded by the Tribunal for a parent into a separate account in the name of the parent or as directed by the Tribunal.
[S 562/2024 wef 01/07/2024]
13.  [Deleted by S 653/2014 wef 01/10/2014]
14.  [Deleted by S 653/2014 wef 01/10/2014]
Special case stated
15.  An application to the General Division of the High Court by way of special case stated under section 16 of the Act shall, with the necessary modifications, be made in accordance with Division 56 of Part 18 of the Family Justice Rules 2014 (G.N. No. S 813/2014).
[S 818/2014 wef 01/01/2015]
[S 1022/2020 wef 02/01/2021]
Extension of time and remission of fees
16.  The President or a deputy President of the Tribunal may, in his discretion —
(a)grant an extension of any period of time prescribed in these Rules; or
(b)remit, reduce or waive any fee prescribed in these Rules.
Tribunal to determine proceedings
17.  If any matter or issue is not specifically provided for in these Rules, the Tribunal shall, in accordance with section 14(9) of the Act, determine the conduct of its proceedings.
Solicitors’ costs
18.  The total remuneration (inclusive of disbursements and goods and services tax) an advocate and solicitor is entitled to charge his client in respect of —
(a)an appeal from the Tribunal to the General Division of the High Court under section 18(2) of the Act;
[S 1022/2020 wef 02/01/2021]
(b)the hearing by the General Division of the High Court by way of a special case stated by the Tribunal under section 16 of the Act;
[S 1022/2020 wef 02/01/2021]
(c)a revision of the Tribunal’s decision by the General Division of the High Court under section 17 of the Act; or
[S 1022/2020 wef 02/01/2021]
(d)an appeal from the General Division of the High Court under section 18(5) of the Act,
[S 1022/2020 wef 02/01/2021]
shall not in each case exceed $3,000.
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