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May 10, 2008
Courts to safeguard children in divorce
New court to focus on child welfare in divorce proceedings; another to handle troubled teens
By Chong Chee Kin
THE father produced a picture drawn by his child, depicting the mother as a monster.

The mother produced her own. The same child drew the father as a monster.

Such ugly scenes in divorce cases - where the child is used as a 'bargaining chip' to settle other matters - are played out too often for the Chief Justice's liking.

Said CJ Chan Sek Keong: 'Parents who take an unnecessarily adversarial stand can worsen a dispute and obscure the real needs of the child. They often exacerbate their mutual hostility instead of focusing on the key issue of parental responsibilities.'

To ensure that children are not embroiled in their parents' conflicts, a new Family Child Court, which will put the children's interests before the adults', will be set up later this year.

The need for such protection lies in the rising divorce numbers - from 2,673 in 2004 to 2,845 last year.

Last year's divorce cases involved about 4,500 children below the age of 18.

Chief Justice Chan wants the adversarial nature of the divorce process to move to a 'quasi-inquisitorial' one where a judge takes care of the proceedings from start to end.

For example, parents will not be allowed to file multiple affidavits blaming each other for the breakdown in the relationship.

Instead, they will be asked for their parenting plans and care arrangements for their children.

Family lawyer Foo Siew Fong from Harry Elias Partnership applauded the move.

'In a custody battle, the children will be badly affected.

'They will be torn by their loyalties to their parents, especially if the parents make them choose who they want to follow.

'The children do not want to be in a position where they have to choose one parent over the other at the expense of making the other one angry.'

The Family Child Court initiative was announced yesterday at the Subordinate Courts' workplan seminar, along with other major changes aimed at putting children high on the judiciary's agenda.

The Chief Justice wants the Juvenile Court to focus on youth offenders only, rather than deal with them along with troubled teens.

The new Child Care Court, up on May 15, will handle children and teens who have been neglected or abused or who are beyond parental control.

Last year, 114 children were placed under Care and Protection Orders, up from just 39 in 2001.

Despairing parents who cannot control their charges have also sought the courts' help.

There were 163 Beyond Parental Control cases last year, a drop from 190 the year before.

Mr Patrick Tan, managing partner of Patrick Tan & Associates, said: 'Unlike those at the Juvenile Court, these children have not committed any offences, and it is timely to intervene and pull them back from the brink.'

cheekin@sph.com.sg

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