Who Gets Child Custody After Divorce in Singapore?

Divorce is rarely an easy call to make, especially when children are involved. This brings up the question: Who gets custody of the child in dissolution of marriage?

Child custody determines which parent will be granted full and long-term decision-making rights regarding a minor’s upbringing. In Singapore, the court usually issues joint custody to both parents with care and control given to the mother. In doing so, the court ensures that both parents play an essential role in the life and development of their child, including making decisions concerning education, religion and healthcare.

In determining the type of custody, judges in Singapore adhere to the welfare principle, in which the court will look to the child’s best interests to ensure an optimal living arrangement. This is the main consideration that influences the court’s decision, and it factors in how each parent can secure the child’s overall wellbeing up to adulthood:

Child’s present living arrangement – The child’s current living arrangement will be preserved as far as possible, especially if the child is satisfied with his present living condition, such that major changes may have negative impacts. For instance, having the child transfer schools when he or she is about to graduate, or relocate to a different environment, may be disconcerting.
Primary caregiver of the child – While both parents may equally love their child and desire to gain custody, the court considers which parent spends the most time and effort in caring for the child on a daily basis. Determining the primary caretaker also allows the court to decide on other matters such as care and control, access and parenting plans. In some cases, the judge may request for counselling sessions and social welfare reports to further evaluate the status of the parents and their relationship with the child through their interactions and interviews with relatives and other caregivers.
Parent’s financial ability – Though not an all-encompassing factor, a parent’s ability to financially secure the future of the child is taken into account. This covers the capacity to provide for the child’s essentials, including the home, education and daily needs.

Aside from these, the child’s age and wishes will also be taken into consideration. It is important to note, however, that no two custodial cases are the same. At the end of the day, it is at the discretion of the court which factors to examine in relation to the best interests of the child. The judge also has the authority to make changes to the proposed custodial arrangements, including visitation frequency and schedules and the amount of child support. The court’s decision is final and comes with consequences for a parent’s failure to comply.

Going through the process of divorce and settling child custody can be difficult, but having the right lawyer can make all the difference. Godwin Campos is a recognized and highly experienced divorce lawyer in Singapore who can help you negotiate custody terms in line with your and your child’s best interests. Call 66904687 to schedule an appointment today.

When faced with a legal concern, it is key to have an experienced and supportive law firm on your side. Godwin Campos LLC is an award-winning law firm in Singapore and we offer free, non-obligatory first consultations to help you evaluate your situation better.

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Ms Faustina Joyce Fernando

Faustina graduated from the SMU Yong Pung How School of Law in 2020 with a Magna cum Laude and was admitted as an Advocate & Solicitor of the Supreme Court of Singapore in 2021.

During the preparatory course leading to Part B of the Singapore Bar Examinations, Faustina attained a Distinction in the Family Law Practice module. This is not only a testament to Faustina’s deep understanding and knowledge about the range of legal remedies available before the Family Courts but also spurred her to pursue meaningful work handling matrimonial disputes under the tutelage of Mr Campos.

Faustina believes that a lawyer should be able to cope well with stress and remain tenacious and positive in the process. She needs to be able to listen closely to the needs of the clients and think how best to do things that will make a difference. These are qualities Faustina’s experience in practice so far has enabled her to nurture.

Faustina is able to independently manage a wide variety of family matters including simplified divorces (uncontested), contested divorce proceedings, variation of maintenance orders, applications for annulment and applications/proceedings for personal protection orders.

Faustina has also handled several non-contentious probate matters independently including the grant of letters of administration where the deceased was domiciled overseas.

Faustina is a strong proponent of negotiations and Mediation. Having attended courses on such alternative dispute resolution mechanisms has equipped her with insights on how to handle the seemingly competing interests in order to facilitate conducive discussions. These are valuable skills Faustina employs when advising her clients.

Outside of work, Faustina enjoys music and is a member of the church choir.

Qualifications & Admissions

LLB (Magna cum Laude), 2020
Advocate & Solicitor, Singapore, 2021

Areas of Practice

Family Law
Wills & Probate
Employment Disputes
General Civil Litigation

Case Summaries

Acted for the Defendant Wife in divorce proceedings where she had entered into an arranged marriage with her expat Indian spouse pursuant to traditional Hindu Customs. An understanding of Hindu Customs and culture by our team culminated in a successful mediated settlement with regard to the division of matrimonial assets.
Acted for the Plaintiff Husband in seeking the court’s leave to file a writ for divorce before the expiration of 3 years from the date of marriage. We managed to successfully persuade the court that he had suffered exceptional hardship resulting in the court allowing the application.
In divorce proceedings where both parties were foreign nationals, we acted for the Banker Wife who had commenced divorce proceedings against her spouse. We advised her on a whole slew of ancillary matters which included a summons filed in the High Court by her mother-in-law to intervene in assets situated in the UK, Malaysia and Singapore; maintenance and discovery applications; a summons application for interim access filed by her spouse and the appointment of a child representative, with all issues being settled amicably in line with the client’s desired outcomes at a mediated settlement at the Singapore Mediation Centre.
Acted for a young 25-year-old father who married the Defendant, a young woman who had 3 children (2 sons and a daughter) out of wedlock at the time of the marriage. As he truly believed he was the biological father of the daughter, he sought relief under the Guardianship of Infants Act. Not only did he obtain an order allowing a DNA test to be carried out on the child, but he also successfully obtained, after a heavily contested series of hearings, an order for sole care & control of the child, as we were able to demonstrate to the court that he was the parent who was best suited to raise the child.
Acted for the Defendant Wife who ultimately obtained sole care and control of the child plus maintenance for the child including full tertiary education tuition fees and other cost related expenses. After extensive hearings on applications for discovery and interrogatories into bank accounts and other assets, we successfully obtained for her a settlement of S$7,000,000, which was almost double what she had been offered, over and above “unrestricted, undisturbed, unencumbered” stay at a prestigious property in Singapore.
Acted for the Wife who after extensive and prolonged hearings, obtained sole care and control of both children alongside obtaining an order that 10 percent of the sale proceeds of the matrimonial home be held on trust for the children’s tertiary education as well as garnering a significant percentage of the sale proceeds for herself.
Argued for the husband who ultimately obtained custody, care and control of both the daughter and the son with no maintenance payable to the wife. The matrimonial property was divided equitably with both parties retaining all other assets in their own names after lengthy hearings.
We acted for the wife (Defendant) who filed a Counterclaim and had various orders successfully made at the ancillary matters hearing. These orders included her obtaining lumpsum maintenance and providing her with a possible relocation to the United Kingdom with all expenses paid for the children, catered up to and including the completion of tertiary education, return air flights and other expenses incidental to their education. She was also awarded legal costs.
Acted for the plaintiff company in a reported High Court decision where the client sued former directors and other companies complicit in diverting profits away from the client, resulting in a finding of conspiracy between both directors and all the companies. Judgment was obtained in the client’s favour and the client could successfully claim for loss of profits, loss of payment of commissions and loss of payment of rent for warehouse space in Shanghai, China. In addition, various Defendants were made liable to the client to account for profits arising from the breach of their fiduciary duties.
We acted for the defendant husband and successfully cut down, to a significant extent, the maintenance claims by the wife for herself and the children, with the latter involving tertiary expenses for studies in the United States.
We acted for the wife in relation to the division of properties both in Singapore and in Switzerland. She was awarded S$2.4 million in total maintenance, to be paid out over a period of 20 years in addition to obtaining a signing on fee equivalent to S$280,000 for accepting the terms of settlement.
We acted for the defendant wife in a multinational divorce involving properties both in Singapore and India. She obtained a satisfactory portion of the assets plus obtained a court order that the parties’ child be allowed to continue residing in Singapore with neither party being allowed to bring the child out of jurisdiction without consent of the other parent.
Acted for an abused Wife and Mother who fled the matrimonial home out of fear of her safety for a span of almost three years. The Husband resorted to gatekeeping the child and using her departure from the matrimonial home against her in the child custody hearing. We presented her case skilfully and persuaded the Court that she had always been the primary care giver and despite her absence of more than 3 years, should not discount the role she had played in the child’s life. The Court agreed with us and in the first instance ordered shared care and control.

The Father appealed to the High Court against this decision to seek sole care and control, and on our instructions the mother also appealed the decision seeking sole care and control. In the High Court before a prolific Senior Judge that presided over the seminal cases on custody care and control, we successfully persuaded the High Court that care and control should be with the mother solely, and costs of $20,000 was awarded in her favour. The amount of such a cost award is rare in most family law matters.

Again, the dissatisfied Father sought leave to have the matter heard by the Appellate Division of the High Court. Here we argued successfully that the decision of the High Court Judge was premised on the right principles of law and correct appreciation of facts, leading to the Father’s application being dismissed. Once again, our client received $5,000 costs in her favour.

Ultimately the young child now resides with our client, the parent who had always been the superior care giver with the necessary provisions as it should be for reasonable access to the father.
Filed divorce proceedings on behalf of a Doctor Wife who suffered silently in a loveless marriage for four decades. Her doctor Husband heavily contested the proceedings. Armed with our client’s plight we persuaded the court via an extensive trial involving a multitude of interlocutory applications that our client deserved for the divorce to be granted based on, the husband’s unreasonable conduct during the marriage. Here our client achieved the result she wanted with legal costs also awarded in her favour.
We represented a young mother who was about to be abandoned by her husband when he filed a writ for divorce with no prior notice to her. We ascertained that the marriage was in fact salvageable and armed with the mother’s instructions resisted the Writ and successfully persuaded the Court that the divorce should not be granted. The Writ was dismissed.
Unhappy with the decision the husband sought to re-apply for divorce just a few months later. Again, we represented the Wife and successfully presented again, before a new judge that the marriage should not be pronounced as having broken down. The Husband disgruntled with the result appealed to the High Court, but ultimately both parties agreed to give the marriage another try. A senior High Court Judge appreciated the efforts by counsel in bringing the parties back together.
We represented a client who was a young father of a child who was barely 2 years of age. The mother sought to gatekeep the child from him and he was slowly losing all meaningful time with the child. We took swift action to take out interim actions and finally resolved the matter by getting the father shared care and control of the child. The mother unhappy with the decision, changed solicitors and appealed the decision to the High Court. Here we presented that the shared care arrangement was in best interests of the child and the Court agreed with our client and dismissed the Appeal with S$8,500 costs in his favour. The child now spends quality time with both parents.
Cross Border Divorce where we acted for the husband and secured for him a settlement which included giving effect to a Judgment obtained in the Swiss Courts and which settlement also involved the recovery of bespoke family heirloom jewellery from his wife after intense negotiations.
Acted for the defendant (Husband) in divorce proceedings. In order to reduce his maintenance obligations as he had lost his job, we successfully argued that the children be removed from the most expensive international school in Singapore with immediate effect and enrolled instead in a local Singapore school or in the alternative, in a school in Malaysia where they could be registered by reason of nationality of their mother.
Acted for the defendant Wife and managed to reinstate her dependant’s pass which her husband had cancelled. Also obtained an order for continued maintenance payments by the husband which would be increased to cover alternative accommodation should she move out of the current matrimonial home. Also covered the division of matrimonial assets both in Thailand and the United Kingdom.
Acted for the Appellant Husband at the Court of Appeal and successfully overturned an earlier court order on the findings by the judge at first instance with respect to the matrimonial pool of assets. In particular, it was held that the client had fully accounted for US$1.87 million worth of bonuses and awards from his employer company and that this item should be removed from the pool of matrimonial assets and further that the matrimonial property should be ascribed the value in accordance with the valuation report obtained by the client i.e. at a value of S$5 million instead of S$6 million. The respondent wife was also ordered to pay the client S$25,000 in costs.
Dealt with an issue of a loan by one spouse’s father to the other spouse resulting in an order for the return of the same.