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Questions and Answers

What is the primary distinction between custody and care and control in relation to a child's welfare?

Custody involves daily routine decisions for the child, while care and control involves legal rights.

Custody encompasses significant decisions like education and health, while care and control involves day-to-day living arrangements. (correct)

Custody refers to who the child lives with, whereas care and control is about significant life decisions.

Custody is only granted to one parent, while care and control can be shared between both parents.

Which statement accurately reflects the implications of joint custody?

Joint custody mandates that one parent makes all significant decisions.

Joint custody usually excludes one parent's involvement in daily caregiving.

Joint custody requires that both parents cooperate in the child's interests and remain involved in their lives. (correct)

Joint custody emphasizes that only the custodial parent can make legal decisions.

What major factors do not fall under the definition of custody?

Day-to-day routine tasks like feeding and transportation. (correct)

Major life decisions regarding education and medical care.

Spiritual and religious upbringing of the child.

Legal rights assigned to one or both parents.

Which of the following accurately characterizes sole custody?

Only one parent has the exclusive right to make significant decisions for the child. Signup and view all the answers

What does care and control primarily determine?

Daily living arrangements and who directly oversees the child's everyday care. Signup and view all the answers

What is the primary goal of the court in determining child access to parents?

To establish an environment for equal access to both parents. Signup and view all the answers

What misconception do litigants often have regarding child age and parental access?

The age of the child is a definitive reason for overnight access decisions. Signup and view all the answers

What factor should NOT be primarily considered when establishing parental access?

The age of the child. Signup and view all the answers

In the context of child access, what is the term that describes an unfair denial of access to one parent?

Parental alienation. Signup and view all the answers

What is a potential outcome when a child is denied equal access to both parents?

Emotional distress in the child. Signup and view all the answers

What is the primary characteristic of sole care and control?

One parent has full custody, while the other has visitation rights. Signup and view all the answers

What is crucial to be observed in care arrangements pending a final report?

Availability of a process for each party to present their case. Signup and view all the answers

In which situation is shared care and control most commonly found?

When children spend time divided between two parents without standard ratios. Signup and view all the answers

What has been the recent trend in Singapore courts regarding shared care and control?

They are increasingly endorsing shared care and control for young children. Signup and view all the answers

Who is best equipped to evaluate a child's immediate preferences according to the content?

Professionally trained counselors. Signup and view all the answers

Which of the following statements about split care and control is true?

It is characterized by children being alternated between two parents. Signup and view all the answers

What does the court generally frown upon in the context of due process?

Involving minors of tender age in the proceedings. Signup and view all the answers

What does shared care and control imply about children's time with parents?

Time spent with each parent may vary significantly. Signup and view all the answers

What aspect should not be the focus of arguments concerning a child's care arrangement?

The child's preferences and desires. Signup and view all the answers

Which option best describes the intention behind observing due process in care arrangements?

To balance the child's interests with procedural fairness. Signup and view all the answers

In custody disputes under Singapore law, which factors are considered for continuity of care by one parent?

The child’s wishes and conduct of the parents Signup and view all the answers

What does the ruling in Soon Peck Wah v Woon Che Chye illustrate about maternal custody in Singapore?

There is no universal presumption of maternal custody for infants. Signup and view all the answers

Which of the following is NOT a factor considered when determining the best parent for custody?

Which parent has the better job Signup and view all the answers

According to Wong Phila Mae v Shaw Harold, what should be avoided in custody arrangements?

Separation of siblings Signup and view all the answers

What is implied about material comfort when deciding custody?

It does not solely determine who is the better parent. Signup and view all the answers

When assessing custody, what does the court prioritize over parental preferences?

Child’s expressed independent opinion Signup and view all the answers

In custody disputes, what principle is often exercised according to various factors?

An exercise in weighing conflicting factors Signup and view all the answers

What is one of the main considerations for the court when determining the division of assets in a marriage?

The specific contributions made by each party including financial and non-financial Signup and view all the answers

What does 'split care and control' typically refer to in custody arrangements?

Children are divided between parents, each taking one sibling. Signup and view all the answers

In cases involving dual-income marriages, which approach is emphasized according to legal precedents?

A structured approach emphasizing equal recognition of both financial and non-financial contributions Signup and view all the answers

What factor is considered when evaluating the potential adjustment in divorce proceedings?

If the adjustment is less than 10% Signup and view all the answers

Which section of the Women's Charter outlines factors for determining quantum of maintenance during marriage?

Section 69 Signup and view all the answers

What is the court's stance on the Equal Contribution Presumption?

It acknowledges that contributions may differ and analyzes specifics Signup and view all the answers

What is a significant factor affecting maintenance for a spouse post-divorce according to the Women's Charter?

The duration of marriage and income of the spouse Signup and view all the answers

What is true about the assessment of a settlement agreement in divorce cases?

The court assesses whether the proposed division is just and equitable Signup and view all the answers

In the case of long single-income marriages, how does the court typically approach asset division?

By leaning towards equal division of assets Signup and view all the answers

Study Notes

Matters to Consider Before Filing for Divorce

External assistance for reconciliation is advised
Avenues include Family Service Centres, Marriage Counselling, and programs run by Family Justice Centres
Family Dispute Resolution (FDR) conferences and counselling/mediation are potential options
Legal practitioners must highlight that court decisions prioritize the child's welfare, not solely parental desires.

Mandatory Mediation and Counselling

Courts must order parties and/or children to attend mediation and counselling.
Parties, children, and other specified individuals may be ordered to attend family support programs.
The court can waive these requirements if it's not in the best interest of the child
Failure to comply can result in court-ordered sanctions, including cost penalties or other appropriate measures.

Legal Practitioner's Duty

Legal practitioners must advise clients on amicable settlement options under Rule 15A
Advise clients to prioritize the child's welfare over parental desires
Collaborative approach should be adopted instead of adversarial strategies

Mandatory Co-Parenting Programs

All parents of children under 21 are required to attend
The Mandatory Co-Parenting Programme (CPP) is required before divorce filing

Divorce Jurisdiction

Courts have jurisdiction to hear divorce cases if either party is domiciled in Singapore or if both parties reside in Singapore and the marriage is considered void or voidable
A citizen of Singapore is deemed domiciled in Singapore until proven otherwise

Grounds for Divorce

Irretrievable breakdown of the marriage is the sole ground for divorce
This must be accompanied by considerations that it's just and reasonable in the circumstances

What Constitutes Irretrievable Breakdown

Adultery by one party (and the other party finds it intolerable)
Behaviour of such a nature that the other party cannot reasonably be expected to live with the other
Desertion for at least two years before divorce application
Separate living arrangements for 3 or more years and mutual consent to the divorce
Separate living arrangements for 4 or more years without mutual consent
Mutual agreement of irretrievable breakdown (written agreement required)

Ancillary Matters (Divorce Proceedings)

Identifying a child within the context of marriage
Custody, care and control, and access are primary considerations, adhering to the child's best interests and wishes (if applicable)

Additional Points

Courts can order access for non-custodial parents
Courts must consider the welfare of all parties when determining custody arrangements.
Factors for determining custody arrangements include the child's wishes and needs and the parents' conduct.

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Description

This quiz examines key considerations before filing for divorce, including the importance of reconciliation and available legal and counselling resources. It also discusses the mandatory nature of mediation and counselling ordered by the courts, emphasizing the child's welfare and the legal practitioner’s role in advising clients on amicable settlements.

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