What do custody, care and control, and access mean?

The child's welfare comes first

In any decision about a child, the court's paramount consideration is the welfare of the child. This is understood broadly: it covers the child's physical comfort and also their emotional, mental and moral wellbeing. For these purposes, a child is a child of the marriage under the age of 21.

The court looks at each family's actual circumstances rather than labels. Where both parents are safe and involved, it generally favours arrangements that keep a meaningful relationship with each of them.

Custody: the major decisions

Custody is about the major, long-term decisions in a child's life, such as education, religion and significant healthcare.

Joint custody, where both parents share these decisions and are expected to consult each other, is the usual order. It reflects the view that children generally benefit from both parents staying involved, and it can be ordered even where there is some tension between the parents. Sole custody is reserved for exceptional cases, such as where there has been abuse, or where the parents cannot cooperate at all and the conflict is harming the child.

Joint custody does not decide where the child lives. That is a separate question.

Care and control: day-to-day life

Care and control decides who the child lives with and who handles everyday matters such as meals, school routines and transport. Most often, one parent has care and control and the other has access.

Shared care and control, with the child spending roughly equal time in each home, is less common. It depends on practical factors such as how close the parents live to each other, how well they communicate and the care arrangements already in place. For young children, the court often gives weight to continuity with the parent who has been the main caregiver.

Access: time with the other parent

Access is the time the child spends with the parent who does not have care and control. Arrangements are tailored to the child's age and routine and can include weekday and weekend time, overnight stays, school and public holidays, and phone or video calls.

Access is usually unsupervised. Where there are concerns about the child's safety, or a relationship needs rebuilding, the court can order supervised access or supervised handovers. Parents are encouraged to agree on access between themselves where they can.

How the court decides, and changing orders

Where there are children under 21, the divorce papers include a parenting plan setting out the proposed arrangements. If parents cannot agree, the court looks at the whole picture: who has looked after the child day to day and the child's bond with each parent, the child's needs, including health, schooling and stability, the value of keeping siblings together, each parent's willingness to support the child's relationship with the other, and the child's own views, considered in a way suited to their age.

The court may call for specialist reports, such as custody evaluation or social welfare reports, to help it decide. Orders about custody, care and control, or access can later be varied if there has been a material change in circumstances.

This article is general information about Singapore law, not advice on any particular case.