Saving marriages, shielding children

Saving marriages, shielding children

The new Family Justice Act which cleared Parliament last week brings a raft of moves to save marriages, if possible, and ease the pain, acrimony and cost a divorce entails.

But underpinning the landmark Act, which kicks in in the later part of the year, is a focus on shielding those who are often the most vulnerable - the children.

Said National University of Singapore law don Debbie Ong: "What comes up very clearly in the new family justice system is the renewed focus on the child's welfare.

"Often, parents in divorce proceedings find it difficult to fully appreciate the needs of the child. This includes the child's need to continue to have both parents in his life.

"We see so many custody contests where one parent tries to exclude the other in parenting the children."

Since 2011, when the Child Focused Resolution Centre was set up, it has been compulsory for divorcing parents to not litigate but mediate first. But that applied only to families with children aged below eight under the amended Women's Charter.

This was extended to children below 14 last year.

Later this year, this is expected to include children below 21 - a recognition that even young people can be affected when their parents split.

"An 18-year-old can be a junior college or polytechnic student, or in the army or whatever - but we should not assume he is fine," said family lawyer and mediator Helen Chia.

Lawyers believe some 80 per cent of divorce cases involve families with children.

They also point to the good success rates at the resolution centre which is run by the State Courts. By including more families, the hope is that more divorces will end amicably. At the centre, about eight out of every 10 cases involving child care and access issues are settled, according to lawyer Amolat Singh."Counsellors are there to help both parties come up unharmed by the marital breakdown. The children's interests highlight the necessity to defuse the emotional animosities inherent in such disputes," he said.

Out of the 580 cases concluded at the centre last year, 82 per cent that underwent the mandatory programme reached agreement on parenting issues, said a State Courts spokesman.

The matters agreed on included custody, care, control and parental access to the children.

A settlement at the mediation stage also eliminates any drawn-out and costly court tussle. This could reduce expenses by as much as 75 to 90 per cent compared with taking a divorce case to court.

It also helps that more people are beginning to be aware of the value of mediation, and are more willing to reach a compromise, said Ms Chia.

"Previously people were more conservative about sharing their emotions and feelings. Today we are more aware that mediation allows parties to talk about their failures without fear of being judged, and that trained professionals such as the counsellors and mediators can help them come to a solution without making it ugly."

As Law Minister K. Shanmugam said in Parliament last Monday: "Disputes should be brought before the court only as the last resort." If mediation fails, the matter will go before the new Family Justice Courts, which seek to replace a system dominated by duelling lawyers with one driven by a judge who will control the pace and direction of the cases.

New court processes will centralise the administration of cases, providing for fast-track hearings where appropriate.

The court may ask for a doctor, counsellor, social worker or mental health professional to assess any child involved. It can also appoint a lawyer to be the child's "voice" and ascertain what is in his best interests in cases where the parents are unable to agree on issues concerning custody, for instance.

But the most significant aspect of the new system, say family lawyers, is the role judges will play.Instead of lawyers setting the tone and arguing for their client's interests, it is the judge who will drive the entire process. The same judge will handle all aspects of the case from start to end.

The State Courts spokesman said this approach will help parties focus on the key issues and speed up the discovery process and how fast the case is resolved.

"For example, instead of parties taking up lengthy and laborious applications for production of documents, the judge can, at a pre-trial conference, direct what documents are relevant and have to be produced at the hearing," she said.

"This new scheme is not intended to and will not diminish the role of parents vis-a-vis the decision-making process. It provides the court with more perspectives on which to arrive at a fair and equitable outcome in the overall best interests of the child," she added.

Said Harry Elias Partnership family lawyer Koh Tien Hua: "Everybody is trying to make the divorce less acrimonious, especially in the interests of the child."

There were 7,525 divorce and annulment cases last year, up 4 per cent from the year before.

Mr Shanmugam told Parliament that the Act represents the Government's and the court's commitment to transform the family justice system to help troubled families resolve their disputes with as little emotional trauma and scarring as possible.

"What we can do is help families resolve their issues, either by mending the relationship or, if that is not possible, by helping them move on with their lives."

vijayan@sph.com.sg


This article was first published on August 10, 2014.
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