Singapore legislation
Clause 26
Clause 26
Jurisdiction of Family Courts
(1)
A Family Court shall be a court of record.
(2)
Subject to subsections (4), (5) and (6), a Family Court shall have —
all the civil jurisdiction of the High Court referred to in section 22(1)(a) and (b);
when exercising any jurisdiction referred to in section 22(1)(a) or (b), all the powers of the High Court in the exercise of the original civil jurisdiction 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 prejudice to the generality of 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 (Cap. 3) shall be the same as that of the High Court, as if section 17A of the Supreme Court of Judicature Act (Cap. 322) applies to a Family Court with the modification that any reference in that section to the High Court shall be read as a reference to a Family Court.
(4)
Notwithstanding subsection (2), the Chief Justice may by order published in the Gazette direct that any class or description of family proceedings specified in the order shall be heard and determined by the Family Division of the High Court.
(5)
Subject to section 28A of the Supreme Court of Judicature Act and any order made under subsection (1) of that section, the jurisdiction of a Family Court under subsection (2) shall 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 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 shall have 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 he has been or expects to be sued by 2 or more parties making adverse claims thereto.
(7)
The criminal jurisdiction of a Family Court shall be the same as that of a District Court under section 50 of the State Courts Act (Cap. 321) and section 8 of the Criminal Procedure Code (Cap. 68).
(8)
When a Family Court exercises criminal jurisdiction, or jurisdiction of a quasi-criminal nature, in any proceedings —
the Family Court shall have all the powers of a District Court exercising criminal jurisdiction; and
the provisions of the Criminal Procedure Code shall apply to the Family Court and those proceedings with the modification that any reference in the Criminal Procedure Code to a District Court shall be read as a reference to a Family Court.
(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.