FLP Anki PDF

#separator:tab #html:false Who may be the complainant for family violence? Under the current s65(2) Individuals below {{c1::21 years}} of age who are married may apply if they are responsible for their {{c1::child}} or a relative below {{c1::21}}. Under the new Part 7 s60 (3) A person who is belo...

#separator:tab #html:false Who may be the complainant for family violence? Under the current s65(2) Individuals below {{c1::21 years}} of age who are married may apply if they are responsible for their {{c1::child}} or a relative below {{c1::21}}. Under the new Part 7 s60 (3) A person who is below {{c2::18 years}} of age may not apply for a protection order under subsection (2) unless the person is married or was previously married {{c1::A wife}} or {{c1::an incapacitated husband}} in an existing marriage is eligible to apply for {{c2::Spousal Maintenance under Section 69}} of the Women's Charter in Singapore. Ancillary matters in Singapore family law include maintenance for {{c1::children}}, {{c1::ex-spouse}}, and {{c1::incapacitated husband}}. {{c1::Either parent}} in an existing marriage can apply for {{c2::Child Maintenance}} under {{c2::Section 69 of the Women's Charter.}} Factors are considered under {{c1::section 112, subsection 2}} of the Women's Charter. (a) the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets; (b) any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage; (c) the needs of the children (if any) of the marriage; (d) the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party; (e) any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce; (f) any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party; (g) the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business; and (h) the matters referred to in section 114(1) so far as they are relevant. The Court of Appeal criteria for drawing adverse inferences require establishing a {{c1::prima facie}} case with evidence and demonstrating {{c2::specific access}} to the hidden information. Multiple approaches are valid in {{c1::asset division}} as long as {{c1::relevant factors}} are considered. Uplift approach and Quantification Approach in considering the s112 factors (a) the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets; (b) any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage; (c) the needs of the children (if any) of the marriage; (d) the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party; (e) any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce; (f) any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party; (g) the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business; and (h) the matters referred to in section 114(1) so far as they are relevant. A written agreement for divorce by mutual agreement must include{{c1::reasons for irretrievable breakdown}},{{c1::efforts}} for reconciliation, and{{c1::arrangements}} for financial matters and children. What is Access?'Access' in family law refers to the {{c1::non-custodial parent's opportunity}} to spend time with the child and maintain a relationship. The {{c1::joint parenthood principle}} in access orders ensures the child interacts with both parents for a normal family life, emphasizing {{c2::joint parental involvement}}. ____Denial of access should only occur under {{c1::extreme circumstances}} to uphold the child's right to interact with both parents, prioritizing the child's {{c2::well-being}}. Access orders should aim to enable children to maintain relationships with both parents despite {{c1::relationship breakdown}}. Access rights in child custody cases are defined in {{c1::Section 126 WC (2B}}). The court determines {{c1::access arrangements}} for the non-custodial parent by deciding the {{c2::frequency}}, {{c3::timing}}, and specifics of access orders to provide regular contact hours with the child. Access orders can cover {{c1::weekday, weekend, and overnight access}}, {{c1::holidays}}, {{c1::special occasions}}, and potential {{c1::overseas access}} in family law cases. What are the different types of access? Access aims to facilitate {{c1::regular contact}} between the {{c2::non-custodial parent}} and the {{c3::children}}. In Family Law Cases, the various types of Access Orders include{{c1::Supervised Access}}, - potential third parties who may access arrangements: {{c2:: Divorce Support Specialist Agency DSSA}}. {{c1::Supervised access}} may be necessary based on factors like the parent's past interactions with the child, concerns about the child's well-being, or a {{c2::history of violence}}.R{{c2::easonable Access}}, L{{c2::iberal Access}},Over{{c2::night Access}},Ho{{c2::liday Access}},Over{{c2::seas Access}}, andAccess on {{c2::Special Occasions}}. A wilful contravention of family violence orders occurs when a person intentionally violates a {{c1::Protection Order}}, {{c1::Domestic Exclusion Order}}, or {{c1::Exclusion Order}}. The {{c1::right to maintenance}} is {{c2::not}} contingent on the {{c3::wife's misconduct}}. The amount involved in {{c1::maintenance}} may be influenced in the presence of evidence of {{c2::misconduct}} by the wife. The circumstances and goals for wives differ under {{c1::Section 69}} and {{c2::Section 113}} of the Women's Charter, leading to varying considerations. s69 WC - the court may order maintenance of spouse {{c6::during the marriage}} if {{c6::found to have neglected or refused maintenance}}. {{c3::s113}} of the Women's Charter governs the maintenance of an ex-spouse or incapacitated husband {{c3::during the course of the matrimonial proceedings or post-marriage termination}}. {{c4::s114}} WC factors the court will consider in assessing the {{c4::quantum of maintenance}}: (a) the income, {{c5::earning capacity}}, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future; (b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future; (c) the {{c5::standard of living}} enjoyed by the family before the breakdown of the marriage; (d) the age of each party to the marriage and the duration of the marriage; (e) any physical or mental disability of either of the parties to the marriage; (f) the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family; and (g) in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage that party will {{c5::lose the chance of acquiring}}. Statutory limitation A {{c1::three-year limitation}} is imposed on divorce writ presentation according to {{c2::Section 94(1) WC }}. W (21 y/o, from China) married H (24 y/o). W left for China within months, never returned - H succeeded on appeal under s 94, WC for leave to be granted to present a divorce petition before {{c3::three years had passed from the date of the marriage to W}}. Foo Teck Kuan v Chan Yoke Han - Spouse did not conceal her adultery in any way – wife brought lover to the matrimonial home and into her bedroom, even when the husband was in the flat. This is subject to the court’s discretion by virtue of the word “may” in s 94(2), WC The eligibility criterion for complainants under the age of 21 allows {{c1::guardians}} or responsible individuals to file complaints for {{c2::family members}}, or those married or with children. A maintenance order typically ends upon the {{c1::death}} of either spouse or the {{c2::remarriage}} of the recipient spouse. Practice Direction Part Five mandates court-mediated {{c1::child issues}} but excludes mediation for asset division above {{c2::two million}} without contested {{c1::child issues}}. The {{c1::paramount consideration}} in family court cases involving children should always be {{c1::the best interests of the children involved.}} {{c1::Eligibility}} for maintenance during marriage includes {{c2::being a woman}} or a {{c2::married incapacitated husband}}. Lawyers need {{c1::Client's income, expenses, financial obligations, client instructions, documentary evidence, and monthly expense lists.}} to advise clients on {{c2::maintenance}}. The CX v CY case underscores the importance of {{c1::access}} by emphasizing the child's interaction with both parents post-separation for {{c2::stability}} and a sense of {{c3::normalcy}}. The general rule of thumb is for the court to order joint custody unless there are exceptional circumstances where: 1. One parent physicially, sexually, or emotionally {{c4::abuses the child}}; and 2. the relationship of the parties is such that cooperation is unsucessful even after the avenues of mediation and counselling have been explored, and the {{c4::lack of cooperation is harmful to the child. }} The duration of a maintenance order is outlined in section {{c1::117}} of the Women's Charter. unless the order is expressed before any shorter period, a maintenance order will generally expire only upon the death of either spouse or upon the remarriage of the spouse receiving the maintenance. The maintenance of an ex-spouse is expected to complement the division of matrimonial assets to ensure the ex-spouse's {{c1::needs}} are supplemented, as illustrated in the case of ATE and ATD. The basis for the provision of maintenance for an incapacitated husband is {{c1::financial preservation}}, aiming to address {{c2::financial inequalities}} and {{c3::economic prejudice}} faced by the wife during the marriage. Maintenance obligations are tied to both the period {{c1::during}} and {{c2::after}} the termination of marriage. Section 114 outlines factors like the needs of the receiving spouse and the paying spouse's {{c1::ability}} to provide {{c2::maintenance}}. Issues for discussion in preparation for mediation include {{c1::contested divorce proceedings}}, {{c2::custody of children}}, {{c2::access to children}}, {{c2::relocation}}, {{c2::financial support}}, and {{c2::division of assets}}. Shared control in family law involves a child living in two homes with primary caregivers, not necessarily {{c1::splitting time equally}} between parents. A {{c1::split care and control order}} may be considered in family law when dividing children between parents, but it is rarely implemented and requires {{c3::strong justification}}. When one parent is granted {{c1::sole care and control}} , the non-custodial parent is typically granted {{c2::access}} as specified in family law to ensure regular contact with the child. The {{c1::Split Care and Control Order}} in Family Law Cases involves {{c2::siblings}} residing with {{c3::different parents}}, although it is less common. {{c1::Eligible applicants}} for child maintenance outside divorce proceedings include {{c2::child above 21 years}}, {{c2::guardian}}, {{c2::person with actual custody}}, {{c2::child's siblings above 21 years}}, and {{c2::person appointed by the minister}}. Such persons need to apply individually under s69WC. The factors that contribute to the extended obligation of child maintenance beyond 21 years include{{c1::Child under a disability}},{{c1::child serving national service}},{{c1::child undergoing education}}, and{{c1::other special circumstances}}. {{c1::Welfare}} is paramount in cases such as Wong Phila Mae v Shaw Harold, especially the {{c2::best interest}} of the children. We agree with counsel for the appellant that some of the relevant factors are these:- The conduct of the parties;- The wishes of the parents and the wishes of the child where he or she is of an age to be able to express an independent opinion;- A young child would be best looked after by its {{c3::mother}} (Soon Peck Wah);- Which party can offer better {{c3::security and stability}}; and,- That siblings should not be {{c3::separated}}. Provisions under WC ss 124, 125, 126, 128, 129 are crucial concerning {{c1::children in family law}}. s124 - Court may make order as it deems fit to place child under the {{c6::protection of the Court}}. s125(1) - The court may at any time by order place a child in the {{c7::custody, or in the care and control, the parent or relative}}. s125(2)(a) - In deciding in whose custody, or in whose care and control, the Court shall have regard to the {{c5::wises of the parents }}. s125(2)(b) - In deciding in whose custody, or in whose care and control, the Court shall have regard to the {{c5::wishes of the child}}. s126 - Court may order custody to decide all questions on {{c4::upbringing and education}} of the child. s128 - The court may at any at time vary or rescind any order for the custody, or the care and control, of a child on the application of any interested person, where it is satisfied that the order was based on any {{c4::misrepresentation or mistake of fact or where there has been any material change in the circumstances}}. s129 - Power of the court to vary agreement for custody for the {{c3::welfare of the child.}} What is access?'Access' in the context of parenting refers to the opportunity for the non-care and control/resident parent to spend time with the child and maintain a {{c1::relationship}}. Access rights in child custody cases are defined in {{c1::Section 126 WC (2B}}). In family law, {{c1::Access}} grants the parent without care and control regular contact with the child, regulated by the court in terms of {{c2::timing}} and {{c3::frequency}}. Supervised access may involve {{c1::a third-party presence}} throughout the access duration or {{c2::the parent with care and control}} overseeing the access. Examples of types of access that can be arranged for non-resident parents include {{c1::regular weekday}}, {{c2::weekend}}, {{c2::overnight}}, {{c2::overseas}}, {{c2::use of technology}}, {{c2::holiday}}, and {{c2::special occasion visits}}. Considerations involved in overseas access arrangements include providing {{c1::travel itineraries}}, contact details, arrangements for {{c2::passport handover}}, and {{c3::return}}. Supervised access Supervised access is typically implemented in {{c1::exceptional cases}} such as {{c2::serious welfare concerns}}, damaged parent-child relationships, or challenges with {{c3::unsupervised access}}. Factors that may lead to the necessity of supervised access include serious {{c1::welfare concerns}}, damaged {{c2::parent-child relationships}}, and challenges in implementing {{c3::unsupervised access effectively}}. {{c1::Maintenance}} reflects the principle of {{c2::No-Fault Divorce}}. Under Section 114 WC, the main factors for maintenance assessment include the needs of the {{c1::wife/incapacitated husband}} and the spouse's {{c2::ability}} to pay. The five grounds listed under section 106 of the Women's Charter for voiding a marriage include {{c1::Non-consummation}} due to {{c2::incapacity}}, {{c2::willful refusal}}, lack of {{c2::consent}}, {{c2::Mental}} unfitness, and {{c2::Venereal disease}} or {{c2::pregnancy}} by another. Maintenance during marriage is not applicable if the woman is part of a {{c1::void marriage}}. Grounds for avoiding marriage under Section 106 WC related to consummation include{{c1::Non-consummation}} due to {{c2::incapacity}}, {{c2::wilful refusal}} of the defendant,lack of {{c2::consent}} due to mistake,duress, or{{c2::unsoundness of mind}}. In family law, {{c1::Joint custody}} entails shared decision-making, whereas {{c2::no custody}} indicates limited or no involvement in decision-making for one parent. {{c1::Factors}} in maintenance orders according to Section 69(4) include {{c2::matching children's needs with parents' ability to pay}}, {{c2::child's reasonable expenses}}, {{c2::income}}, and {{c2::financial obligations}}. s126 (2)WC - outlines conditions related to {{c1::residence and travel restrictions}} for care and control orders.an order for custody may (a) contain conditions as to the {{c2::place}} where the child is to reside, as to the manner of his or her education and as to the religion in which he or she is to be brought up; (b) provide for the child to be {{c2::temporarily}} in the care and control of some person other than the person given custody; (c) provide for the child to {{c2::visit}} a parent deprived of custody, or any member of the family of a parent who is dead or has been deprived of custody, at such times and for such periods as the court may consider reasonable; (d) give a parent deprived of custody or any member of the family of a parent who is dead or has been deprived of custody the {{c3::right of access}} to the child at such times and with such frequency as the court may consider reasonable; or (e) prohibit the person given custody from taking the {{c3::child out of Singapore}}. Maintenance of stepchildren{{c1::EB v EC}} and {{c1::TDT v TDS}} are legal cases that serve as precedents for issues related to the maintenance of {{c2::stepchildren}}. In EB v EC, By accepting the child as a member of his or her family, he or she has represented to the child that he or she accepts the duty of maintenance of the child. If the child’s parents fail in it, the courts may enforce the responsibility which the adult had assumed. If the basis of the liability is a {{c3::voluntary assumption of responsibility}}, it would appear that this responsibility cannot be enforced as resolutely as the duty of a parent. under {{c3::s70(1)}}, the parent cannot simply abandon the responsibility by changing his mind. Failing to comply with advice under Section 139J does not constitute {{c1::contempt}} of court. In {{c1::Joint custody}}, parents have {{c1::shared responsibility}}, while in a {{c2::no custody order}} situation, there is {{c2::no serious dispute}} between parents. The primary considerations in child maintenance under Section {{c2::69(4)}} of WC involve Balancing the {{c1::child's needs}} with {{c1::parents' ability}} to pay. Eligible applicants for child maintenance under Section 69(3) of WC include {{c1::Child above 21}}, guardian, person with {{c1::physical custody}}, {{c1::siblings above 21}}, and person appointed by the {{c1::Minister}}. According to {{c2::Section 69(4) of WC}}, child maintenance considers {{c1::Income, earning capacity and financial resources}} versus personal {{c1::expenses}} of the parties. The first step in the Family Dispute Resolution (FDR) Conference process involves a Counselling Session and a Mediation Session, including {{c1::Co-Mediation}}. Presided by Judge Mediator, with co-Mediator counsellor Attended by solicitor and client⮚ Conducted if there are high conflict custody issues or⮚ when there are complex psychological and relational issues. Non-compliance with court advice or orders may result in a {{c1::stay of proceedings}} or {{c2::imposition of costs by the court}}. Maintenance orders post-divorce are covered under Section 127 of Part 10 of the {{c1::Women's Charter}}. Juidical interviews and Expert EvidenceThe court may use {{c1::Child representatives}}, {{c1::child welfare reports}}, or {{c1::judicial interviews}} to gather information in children's applications. Courts may conduct {{c1::judicial interviews}} directly with the child, guided by the Singapore Court of Appeal case of WKM and WKN for {{c2::detailed procedures}}. {{c1::Psychologists}}, {{c1::psychiatrists}}, and {{c1::medical professionals}} are common sources of {{c2::Expert Evidence}} in Family Law Cases. However, the Court is not {{c3::bound to follow the advice of Expert Evidence (s130 WC)}} Access orders can vary from {{c1::reasonable}}, {{c2::liberal}}, {{c2::scheduled}}, {{c2::specific}}, to including {{c2::overseas access}} and {{c2::technology-based communication}}. Maintenance{{c1::Sections 68, 69, 70, 127 WC }} are significant for {{c2::Child Maintenance}}. {{c1::Section 127}} empowers the court to order {{c2::maintenance}} for a child during divorce proceedings, applying laws from Section 68 and 69. s68 WC - parents have an equal duty to maintain their {{c1::child}} as per the law, {{c1::regardless of legitimac}}y. s69 WC - During the marriage and prior to the commencement of divorce proceedings, the Court may order {{c4::maintenance of wife, incapacitated husband and children}} s70 WC - Parents have a duty to maintain {{c3::Non-Biological Children}} as well. The different types of abuse recognized under family violence under s64 WC include {{c1::Physical}}, {{c2::sexual}}, {{c2::emotional}}, and {{c2::psychological}} abuse. – family violence does not include any force lawfully used in (i) {{c3::self-defence}}, or (ii) by way of {{c3::correction towards a child below 21 years of age}}; Types of orders the court may make where there is family violence under s64 to 67 of WC: The amendment introduces {{c1::expedited orders}}, {{c2::personal protection orders}}, {{c2::exclusion orders}}, and {{c2::counselling orders}}.