Guardianship of Child

A) Relevant Law?

• Under section 3, 4, 11

B) Interim Custody, Care and Control (ICCC) in Singapore

An Interim Custody, Care and Control (ICCC) order governs the care arrangements for the children of marriage prior to a divorce. There are usually three issues that will be determined in an ICCC order:

i. Custody – refers to the right to make major decisions for the child. The Courts generally award joint custody to both parents.

ii. Care and control – determines who is responsible for the day-to-day care and decision-making of the child. The Court may award care and control to one parent or may make an order for shared care and control where both parents will have care and control for a portion of each week.

iii. Access – if one parent is given sole care and control, the other parent will be given access to the children. Access may be fixed according to a strict schedule or may be flexible and arranged between the parents. Where there are concerns about one parent’s treatment of the children, the Court may also order supervised or assisted access.
To apply for an ICCC order, a parent must submit an application to the Family Justice Courts under the Guardianship of Infants Act. This application must include the following:

• the current care arrangements for the children, such as their schooling and living arrangements;
• why an ICCC order is necessary to govern the future care arrangements for the children; and
• the orders for custody, care and control which are being requested.

The other parent will have an opportunity to respond and object to the orders which are requested and may propose an alternative arrangement. There will then be a case conference during which the Court may order the parties to attend counselling or mediation to resolve the issues amicably. If the issues cannot be resolved between the parties, there will be a hearing on the issues and the Court will make an ICCC order.
The ICCC order will be determined by what the Court believes is in the best interest of the child.
Our experienced lawyers will assist you negotiate this stage of your life more easily. We can provide you with legal advice so that you can make informed decisions.