Family Justice Act 2014

In this Act, unless the context otherwise requires —

“District Judge” means a District Judge appointed under section 9(1) of the State Courts Act 1970;

“Family Justice Rules” means the Family Justice Rules made under this Act and any other written law by the Family Justice Rules Committee constituted under section 46(1);

“family proceedings” means —

(oa)any civil or quasi‑criminal proceedings under the Vulnerable Adults Act 2018;

“family support programme or activity” means any programme or activity carried out for the purpose of addressing or resolving any relationship issue or relationship problem between spouses or former spouses, between siblings or between parent and child;

“judicial officer” means a District Judge or Magistrate who is designated as a judge of the Family Court or a judge of the Youth Court, or a Registrar;

“Magistrate” means a Magistrate appointed under section 10(1) of the State Courts Act 1970;

“officer”, in relation to the Family Justice Courts, means a person who is attached to the Family Justice Courts under section 17;

“registered medical practitioner” means a registered medical practitioner under the Medical Registration Act 1997 who has in force a practising certificate granted under that Act;

“Registrar” means the registrar, the deputy registrar or any assistant registrar of the Family Justice Courts;

“Rules of Court” means the Rules of Court made under the Supreme Court of Judicature Act 1969 and any other written law by the Rules Committee constituted under section 80(3) of that Act;

“Tribunal for the Maintenance of Parents” means the Tribunal for the Maintenance of Parents established under section 13 of the Maintenance of Parents Act 1995.

In this Act, unless the context otherwise requires, a reference to the general supervisory and revisionary jurisdiction of the General Division of the High Court is to be construed as a reference to the general supervisory and revisionary jurisdiction of the General Division of the High Court under section 27 of the Supreme Court of Judicature Act 1969, and includes a reference to all powers exercisable by the General Division of the High Court under sections 23 to 28 of that Act.

There shall be a division of the General Division of the High Court known as the Family Division, through which the General Division of the High Court exercises —

Subject to this Act, the provisions of the Supreme Court of Judicature Act 1969 apply to the Family Division of the High Court.

Subject to subsection (2), every Family Court and every Youth Court sits on every day of the year except on Saturdays, Sundays and public holidays.

Despite subsection (1), a judicial officer may lawfully sit on a Saturday, Sunday or public holiday or during a vacation authorised under section 38 if —

Every Family Court and every Youth Court sits at such times as the Chief Justice may from time to time appoint.

Subject to subsection (2), all matters and proceedings in a Family Justice Court must be heard in camera.

A Family Justice Court has power to hear any matter or any part thereof in an open and public court to which the public generally may have access, if the Court is satisfied that it is expedient in the interests of justice, or for other sufficient reason to do so.

A Family Justice Court may, in any matter or proceeding or any part thereof tried or held or to be tried or held before it, if satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason to do so, order that any of the following, which is contained in any court document or intended to be produced before the Court, be removed or be sufficiently redacted:

A Family Justice Court may at any time order that no person is to —

Any person who acts in contravention of any order under subsection (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

Section 8 of the Supreme Court of Judicature Act 1969 does not apply to the Family Division of the High Court.

For the purposes of the administration of this Act, the President may, on the recommendation of the Chief Justice, appoint a Supreme Court Judge or a Judicial Commissioner to be the Presiding Judge of the Family Justice Courts for such period as the Chief Justice may recommend.

Despite any other written law, the Presiding Judge of the Family Justice Courts may sit in any Family Court or Youth Court and act as a judge thereof, in which case he or she has all the jurisdiction, power and privileges of such a judge.

A Supreme Court Judge or a Judicial Commissioner may, during the period of his or her appointment as the Presiding Judge of the Family Justice Courts, continue to sit in the General Division of the High Court, the Appellate Division of the High Court or the Court of Appeal in accordance with the Constitution.

Any person appointed to be the Presiding Judge of the Family Justice Courts must, although the period of his or her appointment as such has expired or his or her appointment as such has been revoked, in relation to any case heard by him or her as a judge of a Family Court or Youth Court, continue to sit as such a judge for the purpose of giving judgment or otherwise.

A Family Court is presided over by a District Judge, or a Magistrate, who is designated by the Chief Justice as a judge of the Family Court.

A person is designated as a judge of the Family Court for such period as the Chief Justice may determine.

Any person designated as a judge of the Family Court must, although the period of his or her designation as such has expired or his or her designation as such has been revoked, in relation to any case heard by him or her as a judge of a Family Court, continue to sit as such a judge for the purpose of giving judgment or otherwise.

A Youth Court is presided over by a District Judge, or a Magistrate, who is designated by the Chief Justice as a judge of the Youth Court.

A person is designated as a judge of the Youth Court for such period as the Chief Justice may determine.

Any person designated as a judge of the Youth Court must, although the period of his or her designation as such has expired or his or her designation as such has been revoked, in relation to any case heard by him or her as a judge of a Youth Court, continue to sit as such a judge for the purpose of giving judgment or otherwise.

The President may, on the recommendation of the Chief Justice, appoint a registrar, a deputy registrar and assistant registrars of the Family Justice Courts.

A person must not be appointed to be or to act as the registrar, the deputy registrar or an assistant registrar unless he or she is a qualified person as defined in section 2 of the Legal Profession Act 1966.

The registrar, deputy registrar and assistant registrars are ex officio commissioners for oaths.

The registrar, deputy registrar and assistant registrars of the Family Justice Courts have, subject to this Act and any other written law, such jurisdiction, powers and duties as may be prescribed by the Family Justice Rules or, prior to their enactment, the Rules of Court.

Subject to this Act and any other written law, all powers and duties conferred and imposed on the registrar, whether by this Act or any other written law, may be exercised and performed by the deputy registrar or any assistant registrar.

The bailiffs and process servers must —

The bailiffs in executing any writ of seizure and sale or any other writ of execution or of distress may effect an entry into any building, and for that purpose (if necessary) may break open any outer or inner door or window of the building or any receptacle therein, using such force as is reasonably necessary to effect an entry.

The bailiffs must arrest and receive all such persons and property as are committed to the custody of the Family Justice Courts.

Subject to such directions as may be given by the Presiding Judge of the Family Justice Courts, the Registrar may authorise a solicitor or a person employed by a solicitor to exercise the powers and perform the duties of a bailiff during such period or on such occasion as the Registrar thinks fit and subject to such terms and conditions as the Registrar may determine.

Section 45(2) applies to a solicitor or person authorised under subsection (1) as it applies to an officer of the Family Justice Courts.

The registrar, deputy registrar and assistant registrars of the Family Justice Courts and such other officers of the Family Justice Courts as may be required by the Chief Justice must, before exercising the functions of their respective offices, take and subscribe the appropriate oath of office set out in the First Schedule.

The oath mentioned in subsection (1) may be taken and subscribed before the Presiding Judge of the Family Justice Courts or a Supreme Court Judge or a Judicial Commissioner.

Where the oath is taken before the Presiding Judge of the Family Justice Courts, he or she must —

The part of the civil jurisdiction of the General Division of the High Court which is exercised through the Family Division consists of —

To avoid doubt, the Family Division of the High Court has, when exercising any jurisdiction mentioned in subsection (1)(a) or (b), all the powers of the General Division of the High Court in the exercise of its original civil jurisdiction.

The part of the appellate civil jurisdiction of the General Division of the High Court which is exercised through the Family Division consists of —

Subject to subsection (2A), an appeal lies to the General Division of the High Court from any decision of a Family Court exercising jurisdiction of a quasi‑criminal or civil nature.

An appeal lies to the General Division of the High Court from a decision of a Family Court only with the leave of that Family Court or the General Division of the High Court in any case specified in the Second Schedule subject to any exception specified in that Schedule.

An appeal to the General Division of the High Court from a decision of a Family Court —

No Judge is to sit in the General Division of the High Court on the hearing of, or determine any application in proceedings incidental or preliminary to —

The part of the appellate criminal jurisdiction of the General Division of the High Court which is exercised through the Family Division consists of —

An appeal lies to the General Division of the High Court from any decision of a Family Court exercising criminal jurisdiction or any decision of a Youth Court.

An appeal to the General Division of the High Court from a decision of a Family Court or Youth Court —

No Judge is to sit in the General Division of the High Court on the hearing of, or determine any application in proceedings incidental or preliminary to —

A Family Court is a court of record.

Subject to subsections (4), (5) and (6), a Family Court has —

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.

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.

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.

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 —

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:

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.

When a Family Court exercises criminal jurisdiction, or jurisdiction of a quasi-criminal nature, in any proceedings —

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.

In any proceedings before a Family Court, the Court may, if it thinks fit on the application of any party, or on its own motion, summon to its assistance, in such manner as may be prescribed by the Family Justice Rules or, prior to their enactment, the Rules of Court, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the Court and act as assessors.

The remuneration of assessors for sitting under this section is to be at such rate as may be prescribed by the Family Justice Rules or, prior to their enactment, the Rules of Court and is to be costs in the proceedings unless otherwise ordered by the Family Court.

Where any person is proposed to be summoned as an assessor, objection to him or her, either personally or in respect of his or her qualification, may be taken by any party in such manner as may be prescribed by the Family Justice Rules or, prior to their enactment, the Rules of Court.

In any proceedings before a Family Court involving the custody or welfare of a child or involving a person, the Court may, on the application of any party to those proceedings or on its own motion, appoint a registered medical practitioner, psychologist, counsellor, social worker or mental health professional to examine and assess the child or person (as the case may be) for the purposes of preparing expert evidence for use in those proceedings.

Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional who is not appointed by the Family Court under subsection (1) examines or assesses the child or person, no evidence arising out of that examination or assessment is to be adduced in those proceedings without the leave of the Court.

A registered medical practitioner, psychologist, counsellor, social worker or mental health professional appointed under subsection (1) may make such enquiries relevant to the examination and assessment of the child or person as may be provided for under the Family Justice Rules or, prior to their enactment, the Rules of Court.

The General Division of the High Court or a Family Court may, either on its own motion or on the application of any party, order any proceedings in a Family Court to be transferred to the General Division of the High Court, if it appears to the General Division of the High Court or Family Court (as the case may be) that those proceedings, by reason of involving some important question of law or of being a test case, or for any other sufficient reason, should be tried in the General Division of the High Court.

The General Division of the High Court may, if it thinks fit, and either on its own motion or on the application of any party, order any proceedings in the General Division of the High Court to be transferred to a Family Court.

An order made by the General Division of the High Court under subsection (1) or (2), or by a Family Court under subsection (1), may be made on such terms as the General Division of the High Court or Family Court (as the case may be) sees fit.

If any judgment or order of the Family Division of the High Court or a Family Court is for the execution of a deed, the signing of a document or the indorsement of a negotiable instrument, and the party ordered to execute the deed, sign the document or indorse the instrument is absent, or neglects or refuses to do so —

Nothing in this section is to be held to abridge the powers of the Family Division of the High Court or a Family Court to proceed by attachment against any person neglecting or refusing to execute, sign or indorse any such deed, document or instrument.

An appeal from a Family Court exercising civil jurisdiction does not operate as a stay of execution or of proceedings under the judgment or order appealed from, unless the Family Court or the General Division of the High Court so orders.

No intermediate act or proceeding is invalidated except so far as the General Division of the High Court may direct.

A Youth Court has the jurisdiction and powers conferred on it by the Children and Young Persons Act 1993.

When a Youth Court exercises criminal jurisdiction, or jurisdiction of a quasi-criminal nature, in any proceedings —

Subject to any other written law, a Youth Court may, either on its own motion or on the application of any person, order any party to any proceedings in a Youth Court to undergo such mediation or counselling, or to participate in such family support programme or activity, as the Youth Court may direct.

There shall be an office of the Family Justice Courts called the Registry of the Family Justice Courts, comprising such departments as the Presiding Judge of the Family Justice Courts, with the concurrence of the Chief Justice, may from time to time determine.

The Registry is under the control and supervision of the registrar of the Family Justice Courts.

The Registry is open on every day of the year except on Saturdays, Sundays and public holidays.

Despite subsection (3), a Registrar may lawfully sit or carry out the business of the Registry on a Saturday, Sunday or public holiday if —

The office hours of the Registry are such times as the Presiding Judge of the Family Justice Courts, with the concurrence of the Chief Justice, may from time to time direct.

The registrar of the Family Justice Courts may publish a list of persons proved to his or her satisfaction, by evidence of general repute or otherwise, to act as touts or unauthorised advisers to suitors or other persons, and may alter and amend the list.

The registrar of the Family Justice Courts may, by general or special order, exclude from the precincts of the Family Justice Courts any person whose name is included in the list, except when that person is a party to or a witness in any proceedings in a Family Justice Court, when he or she is allowed to remain for such time as is necessary.

A person’s name must not be included in the list until he or she has been heard or had an opportunity of being heard against such inclusion.

An appeal lies to a Judge of the Family Division of the High Court in chambers from an order made by the registrar of the Family Justice Courts to include a person’s name in the list.

The decision of the Judge of the Family Division of the High Court is final.

A copy of the list must be kept hung up in the Registry of the Family Justice Courts and must be published in the Gazette.

A person whose name appears in the list of touts under section 73 of the Supreme Court of Judicature Act 1969, or the list of touts under section 62 of the State Courts Act 1970, is deemed to be included in the list under this section, and vice versa.

A Family Court or Youth Court may order any document produced before it in any proceedings to be impounded.

The document which has been impounded must not be delivered out of the custody of the Family Court or Youth Court or inspected except on an order signed by a judicial officer.

The Family Court or Youth Court that impounded the document may direct the document to be sent to the Attorney-General, the Commissioner of Stamp Duties or any other officer of the Government.

Except with the approval of the Chief Justice, a judicial officer —

Without limiting subsection (1), a judicial officer may, with the approval of the Chief Justice —

Without affecting any written law and rules governing the conduct and discipline of public officers, if any officer of the Family Justice Courts is charged —

For the purpose of any such inquiry, the District Judge may summon and enforce the attendance of all necessary parties in the like manner as the attendance of witnesses in any case may be enforced.

On any such inquiry, the District Judge may make such order as he or she thinks just for the repayment of the money extorted or the due payment of the money levied, and for the payment of damages and costs, and also, if he or she thinks fit, may impose such fine upon the officer, not exceeding $100 for each offence, as appears to the District Judge to be adequate.

If it is found by the District Judge that any officer, while employed in carrying out the officer’s duties under this Act, the Supreme Court of Judicature Act 1969, the Family Justice Rules or the Rules of Court or in exercising any of the powers thereof, has wilfully and corruptly exacted or accepted any fee or reward, other than such fees as are for the time being allowed under this Act, the Supreme Court of Judicature Act 1969, the Family Justice Rules or the Rules of Court, that officer shall, in addition to being liable for damages under subsection (3), be incapable of being an officer of the Family Justice Courts.

An appeal lies to the Chief Justice from an order made by the District Judge under this section.

The decision of the Chief Justice is final.

A judicial officer shall not be liable to be sued for any act done by him or her in the discharge of his or her judicial duty whether or not within the limits of his or her jurisdiction, provided that he or she at the time in good faith believed himself or herself to have jurisdiction to do or order the act complained of.

No officer of the Family Justice Courts charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the court shall be liable to be sued for the execution of or attempting to execute such writ, summons, warrant, order, notice or other mandatory process, or in respect of any damage caused to any property in effecting or attempting to effect execution, unless he or she knowingly acted in excess of the authority conferred upon him or her by such writ, summons, warrant, order, notice or other mandatory process of the court.

An officer of the Family Justice Courts is not to be deemed to have acted knowingly in excess of his or her authority merely by reason of the existence of a dispute as to the ownership of any property seized under any writ or order of execution.

No judicial officer, officer of the Family Justice Courts or court‑appointed mediator shall be liable to be sued for an act done by him or her for the purposes of any court proceedings, or any mediation or other alternative dispute resolution process conducted by him or her, in the Family Division of the High Court, a Family Court or a Youth Court, if the act —

A child representative appointed to represent the interests of a child in any proceedings involving the child, or the custody and welfare of the child, shall not be liable to be sued for an act done by the child representative for the purposes of those proceedings, or any mediation or other alternative dispute resolution process related to those proceedings, if the act —

Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional is appointed by a Family Court to examine and assess a child or person for the purposes of preparing expert evidence for use in any proceedings involving the custody or welfare of that child or involving that person (as the case may be), the registered medical practitioner, psychologist, counsellor, social worker or mental health professional (as the case may be) shall not be liable to be sued for an act done by him or her for the purposes of the examination or assessment, or the preparation of the expert evidence for use in those proceedings, if the act —

There is a Family Justice Rules Committee consisting of —

The Family Justice Rules Committee may make Family Justice Rules regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the Family Division of the High Court, the Family Courts and the Youth Courts in all causes and matters whatsoever in or with respect to which those Courts respectively have for the time being jurisdiction (including the procedure and practice to be followed in the Registry of the Family Justice Courts) and any matters incidental to or relating to any such procedure or practice.

Without limiting subsection (2), Family Justice Rules may be made for the following purposes:

The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made for that matter by practice directions issued for the time being by the registrar of the Family Justice Courts.

At any meeting of the Family Justice Rules Committee, 5 members form a quorum and all questions must be decided by a majority of votes of the members present and voting.

No Family Justice Rules may be made without the consent of the Chief Justice.

All Family Justice Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

Prior to the enactment of Family Justice Rules on any matter which may be dealt with under those Rules, the Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court for dealing with that matter.

The Minister may, after consulting the Chief Justice, by order in the Gazette, amend the Second Schedule.

An order under subsection (1) may contain such provisions of a saving or transitional nature as appear to the Minister, after consulting the Chief Justice, to be necessary or expedient.

Despite sections 4, 22, 23 and 24, any family proceedings (not being probate proceedings) commenced in the High Court before 1 October 2014 are, on and after that date, to be continued in and dealt with by the High Court as if those sections had not been enacted.

Despite sections 4 and 22, any contentious probate proceedings commenced in the High Court before 1 January 2015 are, on and after that date, to be continued in and dealt with by the High Court as if those sections had not been enacted.

Any non-contentious probate proceedings commenced in the High Court before 1 January 2015 are, on and after that date, to be continued in and dealt with by the Family Division of the High Court.

Any family proceedings (not being probate proceedings) commenced in a District Court or Magistrate’s Court before 1 October 2014 are, on and after that date, to be continued in and dealt with by a Family Court.

Despite amendments made to the Probate and Administration Act 1934 and State Courts Act 1970 on 1 January 2015, any contentious probate proceedings commenced in a District Court before that date are, on and after that date, to be continued in and dealt with by a District Court.

The following provisions continue to apply to any contentious probate proceedings commenced in a District Court before 1 January 2015 as if the Probate and Administration Act 1934 and State Courts Act 1970 had not been amended on that date:

Despite sections 4 and 23, any appeal from any contentious probate proceedings commenced in a District Court is, if the appeal is commenced in the High Court before 1 January 2015, to be continued in and dealt with by the High Court, on and after that date, as if those sections had not been enacted.

Any non-contentious probate proceedings commenced in a District Court before 1 January 2015 is, on and after that date, to be continued in and dealt with by a Family Court.

Any family proceedings transferred to a District Court before 1 October 2014 pursuant to an order made by the Chief Justice under section 28A of the Supreme Court of Judicature Act 1969 is, on and after that date, to be continued in and dealt with by a Family Court.

Any proceedings commenced in a Juvenile Court before 1 October 2014 is, on and after that date, to be continued in and dealt with by a Youth Court.

[Omitted as having had effect]

[Omitted as spent]

In this section, “probate proceedings” means any civil proceedings under the Probate and Administration Act 1934.