For custody or divorce proceedings, when one parent gains care and control of the child, the other Party would typically be awarded visitation rights. In Singapore, the latter is known as “access”.
In this article, we will be exploring the various types of access and the circumstances under which they will be awarded.
Types of Access
The access orders that are usually given by the Family Courts, or agreed on between Parties, are as follows:
- Liberal access
- Reasonable access
- Supervised access
- No access
The Family Courts and Parties would also have to consider the days or periods when access can take place. They can fall on weekdays, weekends, public holidays, school holidays and special occasions (such as birthdays and Father’s or Mother’s Day).
Liberal Access
Liberal access is usually agreed on between Parties, or ordered by the Family Courts, in circumstances where both Parties are able to co-parent effectively such that a fixed access schedule is not required.
In these situations, Parties are able to agree on the non-caregiver parent’s access timings without conflict. In the event that rescheduling of access is required, Parties are also generally able to facilitate sessions with ease.
Reasonable Access
The distinction between reasonable and liberal access is simply a matter of terminology. While a Court Order may state that the non-caregiver parent is to have reasonable access, if the timings of such access is to be mutually agreed upon and arranged by Parties, there will be no practical distinction from liberal access.
When granting the non-caregiver Party reasonable access, however, it is common for Parties or the Court to stipulate specific access dates and timings in the Court Order. This is useful when Parties are able to co-parent but wish to have certainty on the access arrangements to avoid any potential conflict or confusion.
Supervised Access
In certain situations, supervised access may be required. This type of access would be appropriate in cases where the non-caregiver parent is unfamiliar with taking care of their child for extended periods of time. Other instances where the Family Courts might grant supervised access would be where there had previously been incidents of abuse.
Such access may be supervised by the caregiver parent or by a third Party. It may also take place at a Divorce Support Specialist Agency (DSSA) to be supervised by Counsellors or other professionals at DSSAs or Family Service Centres.
If ordered by the Family Courts, the ultimate aim would be to incrementally reduce the restrictions imposed by supervised access. This can be achieved by increasing the duration of the supervised access, or introducing unsupervised access gradually. Once the non-caregiver parent has shown that they are able to care for the child, supervised access can transition into unsupervised access.
No Access
Alternatively, Parties may expressly agree that the non-caregiver parent will not have any access. If the matter is to be decided by the Family Courts, access will only be granted if it is in the child’s best interests to do so.
Instances where the Family Courts will order for no access would include situations where the child displays estrangement, hostility and fear towards the non-caregiver parent.
For such cases, the Family Courts will make orders for the child and parents to go for counselling until the negative feelings have been dispelled. After the child is ready to form a relationship with the non-caregiver parent, access can then begin.
Engaging a Child Access Lawyer or Parenting Coordinator
A good Child Access Lawyer can help Parties to address or resolve disagreements regarding parenting matters between them in an objective manner.
Alternatively, the Family Courts may appoint a Parenting Coordinator through an order for the Parties to take part in the Parenting Coordination Programme (“PCP”) for matters including:
- The right of access to a child;
- The custody or care and control of a child; or
- The welfare of a child.
The Family Courts will make an order for PCP if all following conditions are met: - Having both Parties participate in PCP is in the best interest of a child;
- The Parties will benefit from the Parenting Coordinator’s guidance; and
- Either or both Parties are able to afford the Parenting Coordinator’s fees.
Otherwise, parties may also initiate an application to request for a Parenting Coordinator. This requires either Party to file a summons application, along with a supporting Affidavit.
Following which, if Parties have the same preference for a specific Parenting Coordinator, they may nominate the individual as well, subject to the Family Courts’ approval. This nominated Parenting Coordinator must be a neutral Third Party to the existing proceedings.
