New measures to strengthen enforcement of child access orders spark debate ahead of January 2 rollout

SINGAPORE: The Ministry of Social and Family Development (MSF) announced on December 18 that new measures to strengthen the enforcement of child access orders will come into force on January 2, 2024.

According to the Straits Times report, these enhancements, part of amendments to the Women’s Charter passed by Parliament in January 2022, aim to address situations where one parent denies access to the children by the other parent after divorce.

The revised enforcement framework empowers courts to better ensure compliance with child access orders, particularly in cases of parental obstruction.

Harsher penalties for non-compliance

Under the new regulations, parents who deny access to the other parent will face stricter consequences. Among the key measures introduced are mandatory counselling, mediation, and family support programmes.

In instances where a parent has incurred costs, such as paying for holiday accommodations or travel expenses for the children, but was subsequently denied access, the offending parent may be required to compensate for these expenses.

Furthermore, additional access time may be arranged for the parent who was denied visitation.

The courts will also have the power to enforce security pledges and performance bonds, which ensure compliance with access orders moving forward.

In cases of repeated violations, more severe actions, including jail time or a fine, could be imposed on the parent who fails to comply with the access order without a legitimate reason.

Simplified process of therapeutic justice

Along with these changes, the Family Justice Rules will be updated to streamline the child access enforcement process, reducing both time and costs in legal proceedings.

A significant shift in the burden of proof will also occur, as the responsibility will lie with the parent the child lives with to explain any alleged breach of the access order.

These changes align with the Family Justice Court’s focus on therapeutic justice, which aims to resolve conflicts and encourage co-parenting through non-adversarial methods rather than traditional legal battles.

Further legislative changes include the introduction of divorce by mutual agreement, allowing couples to dissolve their marriages without citing fault.

This provision, which has been in effect since July 2023, enables couples to take joint responsibility for the marriage breakdown and focus on the well-being of their children post-divorce.

Additionally, since September 2022, all divorcing parents with minor children have been required to attend a co-parenting programme to support their collaboration in raising their children. These initiatives are designed to foster a cooperative approach to parenting, even after the dissolution of the marriage.