THE Family Court is neither a battlefield for divorcing couples, nor the venue of a contest to decide who is the better parent.
Instead, its main aim is to do what is best for the child.
This is the message from the man at the top of Singapore's judicial system, in his keynote address at the Subordinate Court's Annual Workplan yesterday.
Chief Justice Chan Sek Keong said the court's approach in custody battles will change from the conventional model to one that will focus even more on the interests of children caught between their parents.
He explained that with the rising number of divorces, from 4,021 in 1996 to 5,937 last year, as well as the increasing number of children caught in such tussles, the courts have a 'moral and statutory responsibility' to look beyond the parties' interests to decide the child's best interest.
'This will be a paradigm shift in the way issues concerning the welfare of children are determined by the courts,' he said.
SO, WHAT'S OUT?
» Numerous lengthy statements submitted by the parties to the court which are 'womb to tomb' in content.
» Confrontational approach of parties in such hearings.
WHAT'S IN?
» A judge, a deputy registrar and a family counsellor will follow the case from start to end of the litigation process.
» Family counsellors will play a bigger role. They will conduct case conferences, social and forensic investigation, then prepare reports for the judge.
» Hearings on issues such as custody and access will be the last resort of resolution for parties.
» At the hearing, the judge will play a more active role in reaching a just outcome for the child.
» The judge will ask parties to give information that he or she considers relevant to the parenting issue, rather than have them talk about everything that has happened in their marriage.
» The court may also appoint a 'friend' to the child, to take part in the proceedings on the child's behalf.
CJ Chan said: 'The efficient child-focused management of the parental conflict will help lessen the pain and adverse effect of litigation on the child and reduce the psychological and financial burdens on the parties.'
The court is also moving to further protect the rising number of children who have been neglected or ill-treated by their parents.
Apart from dealing with criminal cases, the Juvenile Court also issues Children Protection Orders (CPOs), which involve children who need care and protection due to neglect or abuse at home.
VULNERABLE
CJ Chan said: 'The children in these CPO cases are among the most vulnerable in our society and require the protection of the court and the timely intervention of appropriate governmental and community agencies in their lives.'
The numbers have been growing. There were 18 children in such cases in 1996. There were 114 cases last year.
Therefore, from next Thursday there will be a new Children Care Court - which will have a more 'child-friendly and informal' process.
The court's psychology and counselling clinic will work closely with the Ministry of Community Development, Youth and Sports.
Kids who are beyond parental control will also be handled by this new court, so as to draw the line between such 'care' cases and criminal cases involving juvenile offenders.
For the increasing number of disputes between neighbours, there will now be a special Neighbourhood Court.
'We need to reduce the incidence of un-neighbourly and anti-social behaviour that create stress, tension and disharmony in the community,' said CJ Chan.
When mediation efforts fail, social disputes where 'emotions prevail over common sense' will be heard by a magistrate in the new Neighbourhood Court from next Thursday.
KEY CHANGES
1) Change in court's approach in custody cases for child's best interest
2) New Children Care Court
3) New Neighbourhood Court
4) Shoplifting cases dealt with by Community Court
IN PIPELINE
1) Streamlined management of motor accident cases, instead of duplicating criminal and civil actions
2) Offenders in assault cases to compensate victims
This article was first published in The New Paper on May 10, 2008
