Family Law Introduction PDF

Takeaways Family law is significant for society\'s values and the health of its economy. Family proceedings involve addressing the family\'s needs and empowering them to move forward. Therapeutic justice focuses on the helpful and therapeutic consequences of the law for families. Multidisciplina...

Takeaways Family law is significant for society\'s values and the health of its economy. Family proceedings involve addressing the family\'s needs and empowering them to move forward. Therapeutic justice focuses on the helpful and therapeutic consequences of the law for families. Multidisciplinary methods, counseling, and mediation are integrated into the family justice system. Children\'s interests must be protected, and non-adversarial approaches are encouraged. Family law is a unique practice that requires familiarity with the laws and practice. Avoiding unnecessary divorces and considering reconciliation are important. There have been amendments to family law statutes, and upcoming changes are expected. Andrew Yip (00:01.078) Welcome to the Family Law module. This is an introductory lecture to enable you to understand the significance of family law practice, the unique nature of and approach to family proceedings, and why you might consider this area of practice. Andrew Yip (00:20.61) Family law and the institution of marriage is one of the key indicators of a society\'s value and the health of its economy. It is relevant to economic survival because there is always concern with low birth rates, poorly raised children, and therefore initiatives are often placed to strengthen marriages and families and to encourage more births. Family law also reflects how a state upholds values and has a pedagogical function. It reflects the importance of family to society and its survival. And as we know in recent times, the word family itself is an evolving definition because it entails not just the conventional family, as we understand it, of one man and one woman and children, but it may also include single parent families, blended families, step families, et Andrew Yip (01:17.423) Family proceedings are unique. Unlike a civil dispute which comes to court for determination of the litigant\'s rights, family disputes often involve more than that. As Justice Debbie Ong put it in her speech delivered at Conversations with the Community on 16th November 2023, a family who comes to court often requires a rearrangement of family affairs or a reorganization of their living arrangements. From this perspective, the notion of justice in family proceedings is much more than writing a wrong. It is about addressing the family\'s underlying needs and assisting and empowering them to move forward to their new lives. Now, you may have heard of this term, therapeutic justice, or TJ for short. It has It has been described by Justice Debbie Ong as a lens of care. Essentially, it is a method of viewing the law as having helpful or therapeutic consequences for a family. A focus on TJ enables the family legal system, which consists of the laws and rules, as well as the legal actors and practices, to take a problem -solving, forward -looking approach. rather than an adversarial approach. One of the key ways our family justice system strives to achieve this is by integrating multidisciplinary methods in the process. Andrew Yip (02:59.63) This brings me to my next slide on the use of counselling and mediation, another feature that distinguishes family proceedings from other types of disputes. The court\'s role in considering the possibility of reconciliation of the parties, as well as in encouraging harmonious resolution of family disputes, has long been entrenched in our legislation. Formerly contained in the old sections 49 and 50 of the Women\'s Charter, pursuant to the Women\'s Charter Amendment Act 2022. It is now provided under Part 10a of the Women\'s Charter. Under this Part 10a, the court should firstly consider whether there is a possibility that the parties in family proceedings might reconcile, and if so, to facilitate a possible reconciliation. Perhaps more critically, the court has to consider the possibility of harmonious resolution. To this end, the Court is empowered to direct parties and all their children to attend counselling and mediation or other family support programmes. You should also note our professional obligations under Rule 15a, subsection 2 of the PCR, which requires a legal practitioner who represents a client in any family proceedings to inform the client of all available dispute resolution options, to advise the client to consider an amicable resolution of proceedings, and to advise the client to be constructive and reasonable. Andrew Yip (04:46.848) Another factor which makes family proceedings unique is children\'s interests. While children are not a party to the suit, they are greatly affected by the outcome of the proceedings. We can all agree that children\'s interests must be protected. And this is one of the key reasons for parties to adopt non -adversarial approaches to family proceedings. On this note, You must adhere to rule 15A subsection 3 of the PCR, which requires legal practitioners to advise the client that the welfare of the child takes precedence over the wishes of either parent and the wishes of the child, and that the client must consider the potentially adverse impact of the legal proceedings on the You therefore be well advised not to use your usual adversarial strategy, but to cooperate with your opposing learner council and to adopt a collaborative approach in furthering the child\'s interests in any family case that you are managing. Should you consider family law as part of your practice? Specializing in family law as a niche practice is a possible career choice. However, I would also suggest to you that an all -rounded lawyer should have some family cases and criminal cases in his or her practice. It also helps in fulfilling moral and social responsibility to the community. Family practice is a unique practice. Hence, it is a myth that anybody can just pick it up. If you want to practice it, you should ensure you are familiar with the laws and practice of family law. It all goes back to fairness, justice, and the interests of children. Finally, family law is also a much needed area for pro bono work, something we encourage all of you to consider. Andrew Yip (06:57.729) after you have been called to the Let\'s now talk a bit about how you should deal with a case when a client first approaches you. Firstly, when advising married couples with marital issues, one of the things that should cross your mind is whether or not it is possible to avoid unnecessary divorces. Often in a divorce case, there could be the hard reasons as well as the soft reasons for a divorce. Hard reasons could be those such as violence, infidelity, chronic financial irresponsibility, et cetera. Soft reasons, on the other hand, are of more of an emotional nature, a sense of having drifted apart, no longer having anything in common, things like Andrew Yip (07:51.36) One thing you may want to know is that being marriage friendly does not mean you are anti -divorce. In these stages, you\'ll want to advise your clients or your friends who are contemplating divorce to consider looking into community resources and family service centers before they make the final decision to cross the line to file for divorce proceedings. There is a lot of information and resources available familyassist.msf.gov.sg which you can refer clients to when they are contemplating divorce proceedings. Andrew Yip (08:30.658) You might want to highlight to clients that divorce at the end of the day is a remedy of last resort. And under part 10a of the Women\'s Charter, the court is obliged to consider the possibility of reconciliation first. But of course, we are realistic and must also understand that it does take two to make the marriage You would also want to be aware and make your client be aware of the fact that pursuant to Section 94A of the Women\'s Charter, there are mandatory pre -filing counselling requirements where there are children involved. Again, you are reminded of your professional obligations under Rule 15A of the PCR as earlier highlighted. Andrew Yip (09:21.102) Before I end this introductory lecture, you should be aware that there have been a number of amendments to the Family Law statutes in the past few years, not all of which have commenced at the time of this course. Some of these statutes are the Women\'s Charter Amendment Act 2022, the Family Justice Reform Act 2023, and the Women\'s Charter Family Violence and Other Matters Amendment Act 2023. We are also expecting a new set of family justice rules. There will be three volumes of rules to replace the current family justice rules 2014. These amendments are expected to take effect very soon. While this lecture and the following lectures refer to the existing laws and rules, you should note that these may change according to the pursuant to the upcoming statutory amendments. and keep yourself up to date accordingly. Andrew Yip (10:24.726) Now this slide and the next few slides after this highlights some key readings and cases, but do please refer to the syllabus and reading list for your required readings. \#separator:tab \#html:false Maintenance obligations are tied to both the period {{c1::during}} and {{c2::after}} the termination of marriage. {{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.}}