Singapore legislation

Clause 35

New sections 126A and 126B

The Women’s Charter is amended by inserting, immediately after section 126, the following sections:“Enforcement of custody order, etc.126A.—

(1)

This section applies where —

(a)

the court makes an order for a child to be placed in the custody, or the care and control, of a person; and

(b)

the child leaves, or is removed from, the physical custody of that person.(2) To enforce the order, the court may —

(a)

order that the child be returned to the physical custody of the person mentioned in subsection (1)(a); and

(b)

direct the bailiff to seize the child and deliver the child to the physical custody of that person.Enforcement of child access order126B.—

(1)

This section applies where —

(a)

the court makes an order under section 126(2)(d) (called in this section the access order) giving a person (X) access to a child; and

(b)

the order is breached by the person (Y) who is required by the order to give X access to the child.(2) X may apply to the court to enforce the access order against Y.(3) Without limiting any other power of the court, the court may do all or any of the following in an application under subsection (2):

(a)

order Y to give X additional access to the child to make up for the access denied to X as a result of the breach;

(b)

order Y to compensate X for any reasonable expenses incurred by X as a result of the breach;

(c)

order X, Y and the child (or any of them) to attend all or any of the following:

(i)

counselling;

(ii)

mediation;

(iii)

a therapeutic or an educational programme specified by the court;

(iv)

a family support programme as defined in section 139A;

(d)

order Y to execute a bond, with or without sureties or security, as the court may determine, to secure Y’s future compliance with the access order;

(e)

for every breach of the access order by Y, sentence Y to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.(4) To avoid doubt, an order under subsection (3)(a) must not give X more access than what X is entitled to under the access order.(5) The court may, in making any order under subsection (3)(a), (b), (c) or (d) in respect of a breach of the access order —

(a)

reserve the question whether Y should also be sentenced under subsection (3)(e) for that breach; and

(b)

return to the question subsequently (without X having to make a fresh application).(6) In respect of a breach of an access order, X may do either, but not both, of the following:

(a)

make an application under subsection (2);

(b)

bring proceedings to punish Y for contempt of court in respect of that breach.”.

Read in full context — Women’s Charter (Amendment) Bill →