Singapore legislation
Section 26
Section 26
Jurisdiction of Family Courts
(1)
A Family Court is a court of record.
(2)
Subject to subsections (4), (5) and (6), a Family Court has —
all the civil jurisdiction of the General Division of the High Court mentioned in section 22(1)(a) and (b);
when exercising any jurisdiction mentioned in section 22(1)(a) or (b), all the powers of the General Division of the High Court in the exercise of the original civil jurisdiction of the General Division of the High Court; and
such other jurisdiction relating to family proceedings as is conferred on a Family Court by any written law.
(3)
Without limiting subsection (2), the jurisdiction of a Family Court to hear and try any civil proceedings which come within the jurisdiction of the Syariah Court constituted under the Administration of Muslim Law Act 1966 is the same as that of the General Division of the High Court, as if section 17A of the Supreme Court of Judicature Act 1969 applies to a Family Court with the modification that any reference in that section to the General Division of the High Court is a reference to a Family Court.
(3A)
If any family proceedings may be heard and determined by a Family Court or by the Family Division of the High Court, those proceedings must in the first instance be commenced in a Family Court.
(4)
Despite subsections (2), (3) and (3A), the Chief Justice may by order in the Gazette direct that any class or description of family proceedings specified in the order are to be heard and determined by the Family Division of the High Court.
(5)
Subject to section 28A of the Supreme Court of Judicature Act 1969 and any order made under subsection (1) of that section, the jurisdiction of a Family Court under subsection (2) does not include —
any supervisory jurisdiction or revisionary jurisdiction;
any jurisdiction relating to the judicial review of any act done or decision made by any person or authority, including the issue of any of the following prerogative orders:
a Mandatory Order;
a Prohibiting Order;
a Quashing Order;
an Order for Review of Detention;
any jurisdiction vested exclusively in the General Division of the High Court, in a Youth Court, in any State Court, or in any judicial, quasi‑judicial or administrative tribunal, by written law; and
any jurisdiction expressly excluded by written law.
(6)
A Family Court has jurisdiction to grant relief by way of interpleader, and to order the sale of any property subject to interpleader proceedings, only in either of the following circumstances:
where a bailiff of the Family Justice Courts is charged with the execution of any process of a Family Justice Court, and claim is made to any money or other movable property taken or intended to be taken in execution of the process, or to the proceeds or value of any such property, by any person other than the person against whom the process is issued;
where the person seeking relief —
is a party to any proceedings before a Family Justice Court; and
is under liability for any debt, money or other movable property for or in respect of which the person has been or expects to be sued by 2 or more parties making adverse claims thereto.
(7)
The criminal jurisdiction of a Family Court is the same as that of a District Court under section 50 of the State Courts Act 1970 and section 8 of the Criminal Procedure Code 2010.
(8)
When a Family Court exercises criminal jurisdiction, or jurisdiction of a quasi-criminal nature, in any proceedings —
the Family Court has all the powers of a District Court exercising criminal jurisdiction; and
the provisions of the Criminal Procedure Code 2010 apply to the Family Court and those proceedings with the following modifications:
except as provided in sub-paragraph (iii), any reference to a District Court or a State Court is a reference to a Family Court;
any reference to a District Judge is a reference to a judge of a Family Court;
any reference to the Registrar of the State Courts is a reference to the Registrar.
(9)
Subject to any other written law, a Family Court may, either on its own motion or on the application of any person, order any party to any proceedings in a Family Court, or any child who is a subject of such proceedings, to undergo such mediation or counselling, or to participate in such family support programme or activity, as the Family Court may direct.