Part 7: Judge-Led Approach in Resolving Family Disputes

PART 7: JUDGE-LED APPROACH IN RESOLVING FAMILY DISPUTES For the complete documentation index, see llms.txt. Markdown versions of documentation pages are available by appending .md to page URLs; this page is available as Markdown.

PART 7: JUDGE-LED APPROACH IN RESOLVING FAMILY DISPUTES 7A: Case Management, Mediation and Counselling 78. Judicial case management 79. Case assignment 80. Case conferences 81. Powers of the Court to direct mediation and / or counselling 82. Mandatory counselling and mediation 83. Mediation conducted by the Court 84. Court-ordered private mediation 85. Counselling 7B: Family Neutral Evaluation 86. Family Neutral Evaluation process 87. Confidentiality 7C: Guidance on Direct Judicial Communications 88. Guidance on direct judicial communications in international family proceedings affecting children 7D: Amendment of Documents 89. Amendment of originating application for adoption of child 90. Amendment of documents

78. Judicial case management The overarching purpose of case management is to facilitate the resolution of disputes in accordance with the objectives set out in Part 1, Rule 4(2) of the Family Justice (General) Rules 2024 (“Objectives”).

78. Judicial case management Parties to a proceeding and their solicitors are required to conduct all proceedings in a way that is consistent with the overarching purpose.

79. Case assignment To achieve the overarching purpose set out in paragraph 78(1), each case commenced in the Family Justice Courts may be allocated to a Judge (“the assigned Judge”) who will be responsible for managing the case until final disposition.

79. Case assignment In deciding whether to allocate a case pursuant to sub-paragraph (1), the matters to be considered may include the following:

79. Case assignment whether the main issues relate to custody, care and control and access of child(ren); (b) whether the main issues involve abduction of a child, relocation issues and issues of appropriate jurisdiction; (c) whether the main issues are financial in nature (for e.g. ascertainment of the value and extent of the matrimonial assets amenable for division); (d) whether the main issues relate to allegations of violence; and (e) whether there are multiple pending court proceedings commenced in the Family Justice Courts by the parties.

79. Case assignment The assigned Judge will make orders about the way in which the case is to be managed or prepared for hearing including referrals to mediation or other modes of alternative dispute resolution.

79. Case assignment The parties and their solicitors may expect the assigned Judge to have regard to:

79. Case assignment identifying and narrowing the issues in dispute as early as possible; (b) ascertaining the degree of difficulty or complexity of the issues determined to be in dispute; (c) setting a hearing date early; (d) minimising unnecessary interlocutory steps by permitting only interlocutory steps that are directed to identifying, narrowing or resolving the issues really in dispute between the parties; and (e) exploring options for alternative dispute resolution as early as practicable.

79. Case assignment The parties and their solicitors are obliged to cooperate with and assist the Court in achieving the overarching purpose and, in particular, in identifying the real issues in dispute as early as possible and in dealing with those issues efficiently.

79. Case assignment Where parties have included a claim for an interlocutory relief, that claim may be heard on the return date fixed by the assigned Judge or a date for its later hearing may be set on the return date and directions for preparations made.

79. Case assignment If a claim for interlocutory relief is to be contested, parties or their solicitors shall inform the assigned Judge as soon as possible and give an estimate of the likely hearing time.

79. Case assignment Parties wishing to make urgent applications shall contact the Court and inform of the urgency to be placed before the assigned Judge. If parties are requesting the Court to summarily deal with any urgent or time-sensitive issues which affect the welfare of the minor child / children in the proceedings pursuant to Part 8, Rule 5(2) of the Family Justice (General) Rules 2024, paragraph 80(4) of these Practice Directions applies.

79. Case assignment Where there is an application for disclosure, parties and solicitors may expect that, with a view to eliminating or reducing the burden of disclosure, the assigned Judge:

79. Case assignment will fashion any order for disclosure to suit the issues in a particular case; and (b) will expect the following questions to be answered: (i) Does disclosure facilitate the resolution of the proceedings in accordance with the Objectives? (ii) Can the purpose(s) of seeking disclosure be achieved by: (A) a means less expensive than disclosure? (B) disclosure only in relation to particular issues? (iii) Where there are many documents, should disclosure be given in a non-standard form, e.g. initially on a limited basis, with liberty to apply later for particular disclosure or disclosure on a broader basis? (iv) Whether disclosure should be given by the use of categories or by electronic format or in accordance with a disclosure plan? (v) Should disclosure be given by categories and by a general description rather than by identification of individual documents?

79. Case assignment In determining whether to make any order for disclosure, the Court will have regard to the issues in the case and the order in which they are likely to be resolved, the resources and circumstances of the parties, the likely benefit of disclosure, the likely cost of disclosure and whether that cost is proportionate to the nature and complexity of the proceedings.

79. Case assignment It is never appropriate to contact the assigned Judge directly. The assigned Judge will inform parties and their solicitors of preferred modes of communication but in all cases, the general approach is through emails to the generic email address of the Family Justice Courts.

79. Case assignment All communications with the Court shall be confined to routine procedural, administrative or procedural matters. Communications must never, unless this is invited, contain information or allegations which are material to the substantive issues in the litigation or which are intended to influence any decision of substance to be made by the assigned Judge.

80. Case conferences At the case conference, in addition to the matters set out in Part 8, Rule 5 of the Family Justice (General) Rules 2024, the matters to be considered may include the following, where applicable:

80. Case conferences the service of documents; (b) any urgent or time-sensitive issues which affect the welfare of the minor child / children in the proceedings; (c) the dates of the mediation and counselling sessions; (d) directions on the conduct of mediation and counselling; (e) the witnesses who will be called and whether they need interpretation; (f) the filing of affidavits, reports, summonses and any other necessary documents; (g) the necessity (if any) for an order for the Central Provident Fund (“CPF”) Board to furnish information relating to the utilisation of CPF monies or CPF account balances where there is a claim for the division of a matrimonial property or CPF-related assets; (h) the necessity (if any) to transfer the proceedings to the Family Division of the High Court for hearing and determination. In determining whether to transfer the case to the Family Division of the High Court, the Family Court will take into account whether: (i) there is an important question of law; (ii) the matter is a test case; and / or (iii) there is any other sufficient reason to transfer the proceedings; (i) the value of the property in question or matrimonial assets. Generally, in a non-probate case where the property in question or matrimonial assets are asserted by any party to the proceedings to be worth a gross value of S$5 million or more, the matter will be transferred to the Family Division of the High Court for hearing and determination; (j) the number of days required for the hearing and the fixing of hearing dates; and (k) the administrative arrangements for the next hearing (e.g. whether interpreters are required, etc.).

80. Case conferences The principal solicitors having conduct of the case are to personally attend the case conference. They are expected to be thoroughly prepared to discuss all relevant matters as the Registrar conducting the case conference will take a holistic approach to the case and consider all relevant matters relating to the case.

80. Case conferences Solicitors must ensure that their clients are fully informed of the option of using alternative dispute resolution before attending the case conference. They are expected to advise their clients and to take instructions on the desirability of referring the dispute for mediation and / or counselling.

80. Case conferences Except in cases of extreme urgency or with the permission of the Court, a party who intends to request the Court to summarily deal with any urgent or time-sensitive issues which affect the welfare of the minor child / children in the proceedings pursuant to Part 8, Rule 5(2) of the Family Justice (General) Rules 2024, shall give a minimum of 48 hours’ notice to the Court and all other concerned parties (“the other parties”) before the case conference. The notice should inform the Court and the other parties of the request, the order(s) sought and the supporting reasons. The notice to the other parties may be given by way of email or in cases of extreme urgency, orally by telephone. The notice to the Court shall be given by way of letter filed through the Electronic Filing Service.

81. Powers of the Court to direct mediation and / or counselling In any proceedings before the Court, it may direct that parties attend mediation and / or counselling (pursuant to section 139H, 139I or 139J of the Women’s Charter 1961 or section 26(9) of the Family Justice Act 2014) to encourage parties to resolve the matter amicably and assist parties in reaching an agreement or to narrow the issues in contention.

81. Powers of the Court to direct mediation and / or counselling It is the professional duty of solicitors to advise their clients about mediation. Mediation shall be considered at the earliest possible stage in order to facilitate an amicable resolution of the dispute.

81. Powers of the Court to direct mediation and / or counselling The types of mediation and / or counselling which the Court may direct are as follows:

82. Mandatory counselling and mediation This paragraph applies to mandatory counselling and mediation for divorcing parents with at least one child below the age of 21 years.

82. Mandatory counselling and mediation Notice(s) of attendance for mandatory counselling and / or mediation with location details will be sent to the applicant and respondent in the divorce proceedings. Attendance by the parties is compulsory. Attendance by the parties’ respective solicitors, if any, is required only when specifically stated in the notice.

82. Mandatory counselling and mediation All parties together with their solicitors (if any) are required to attend a Family Dispute Resolution Conference (“FDR Conference”) for a preliminary discussion of the issues relating to the child or children of the marriage. The purpose is to crystallise the issues relating to the child or children and to agree on mutually convenient dates for the parties to attend counselling / mediation. Solicitors and parties are expected to come prepared to discuss all issues relating to or impacting the child or children. Any unresolved issue relating to the divorce (including any ancillary issues such as the question of maintenance or the division of matrimonial assets) may also be discussed.

82. Mandatory counselling and mediation At the FDR Conference, directions may be given in relation to the filing and exchange of relevant documents and / or proposals and a mediation date will be given if appropriate for the case. It is important that parties attend on the dates given and use the opportunity to discuss and resolve the issues with the help of a Judge-Mediator and / or Court Family Specialist (i.e. court counsellor).

82. Mandatory counselling and mediation After the FDR Conference, the parties alone will attend an Intake and Assessment Session with their assigned Court Family Specialist.

82. Mandatory counselling and mediation Subsequent counselling sessions, involving only the parties, may be fixed by the assigned Court Family Specialist and the parties.

82. Mandatory counselling and mediation Under section 139I(3) of the Women’s Charter 1961, the Court may dispense with the attendance of the parties at mediation / counselling if it deems that it is not in the interest of the parties concerned to do so (e.g. where family violence has been committed or where Child Protection Services is involved in the case).

82. Mandatory counselling and mediation Solicitors must advise their client of the consequences of non-attendance under section 139I(5) of the Women’s Charter 1961.

83. Mediation conducted by the Court This paragraph applies to mediations conducted by the Court, whether child-related or otherwise.

83. Mediation conducted by the Court Parties and their solicitors (if any) must personally attend all mediation sessions.

83. Mediation conducted by the Court The parties and their solicitors (if any) are to prepare a Summary for Mediation in the prescribed format in Form 83 of Appendix A of these Practice Directions prior to the mediation for submission and discussion during the mediation, together with all relevant documents as may be directed by the Court.

83. Mediation conducted by the Court Where interim judgment or judgment of judicial separation has not been granted, any agreement reached will be formally recorded by the Judge-Mediator and parties will be directed to request for an uncontested hearing date.

83. Mediation conducted by the Court For all other proceedings not covered by sub-paragraph (4), any agreement reached will be recorded as a consent order by the Judge-Mediator at a mediation session or any other Judge upon the confirmation of the terms by the parties and / or solicitors

83. Mediation conducted by the Court Mediation will be conducted on a without prejudice basis. All communications made in the course of mediation will be treated in strict confidence and will not be admissible in any court unless otherwise stipulated by law. If the dispute is not resolved at the mediation session, the Judge-Mediator or any other Judge will give the necessary directions to enable the case to proceed to trial, and the case will be heard by a Judge other than the Judge-Mediator conducting the mediation.

83. Mediation conducted by the Court Where there is a disagreement between the parties on the terms of the agreement which were recorded at mediation, either party may write in for a clarification before the Judge-Mediator.

84. Court-ordered private mediation This paragraph applies to private mediations ordered by the Court.

84. Court-ordered private mediation The Registrar or the Judge may order that parties in proceedings which meet the criteria in paragraph 81(3)(2) attend private mediation conducted, at parties’ election, by the Singapore Mediation Centre or the Law Society Mediation Scheme (collectively referred to as “Assigned Private Mediator(s)”), unless parties have agreed upon a mediator (“Agreed Private Mediator”). The Registrar or the Judge may also make any orders necessary, including any orders relating to the choice of mediator (if parties are unable to agree) and pertaining to the payment for the mediation and its related fees.

84. Court-ordered private mediation For mediations conducted by the Assigned Private Mediator(s), the parties and / or solicitors shall provide the Registrar or the Judge with the necessary information for the Assigned Private Mediator(s) to contact them to arrange for the mediation. The Registrar or the Judge will give directions and timelines for parties to agree on a mediation date and to exchange case information, documents and mediation briefs. The Registrar or the Judge will fix a return date for parties and / or solicitors to update the Court on the outcome of the private mediation.

84. Court-ordered private mediation For mediations conducted by the Agreed Private Mediator(s), the parties or their solicitors shall inform the Registrar or the Judge of the identity of their Agreed Private Mediator(s), the management of the mediation and the agreed date for mediation. The Registrar or Judge may make any order necessary for the timely and efficacious disposal of the case, including fixing return dates for the parties or their solicitors to update the Court, and / or re-directing the case to the Assigned Private Mediator(s).

84. Court-ordered private mediation Parties and their solicitors (if any) must personally attend all mediation sessions, unless otherwise stated by the private mediator.

84. Court-ordered private mediation Where interim judgment or judgment of judicial separation has not been granted, if the dispute is resolved at private mediation, the parties and / or solicitors shall inform the Court accordingly on the return date pursuant to sub-paragraph (3) or (4), as the case may be, and the parties will be directed to request for an uncontested hearing date.

84. Court-ordered private mediation For all other proceedings not covered by sub-paragraph (6), if the dispute is resolved at private mediation, the parties and / or solicitors may apply for the grant of a consent order in accordance with paragraph 129 of these Practice Directions.

84. Court-ordered private mediation If the dispute is not resolved at the private mediation, the Registrar or the Judge will give the necessary directions at the return date to enable the case to proceed accordingly.

85. Counselling This paragraph applies to counselling sessions directed by the Court.

85. Counselling Counselling is conducted to help parties manage difficult emotions related to a divorce or any other familial relationship, and facilitating a parenting agreement that preserves significant relationships and supports children’s psychological adjustment to the separation. Counselling may also be directed after orders are made to assist with the emotional aspects of dealing with the outcome of the orders, particularly in cases involving the relocation of a child.

85. Counselling Solicitors are not expected to attend any counselling sessions directed by the Court. However, solicitors may attend a counselling session if the assigned counsellor considers it appropriate.

85. Counselling The counsellor may request that the child be included in the counselling sessions, either alone or together with the parents, depending on the case, if the counsellor is of the view that it would be in the interest of the child to be involved.

85. Counselling Any request for a change or vacation of the counselling appointment shall be made at least 3 working days before the appointed date.

85. Counselling Counselling sessions will be conducted on a without prejudice basis. Any consensus reached during counselling sessions will be recorded as a draft agreement. A copy of the draft agreement, recorded by the counsellor and signed by the parties, will be given to the parties to seek further advice from their respective solicitors (if any). The draft agreement and all communications made in the course of counselling will be treated in strict confidence and shall not be admissible in any court.

86. Family Neutral Evaluation process FNE is an alternative dispute resolution process that is available at the Family Dispute Resolution Division (“FDR”) to parties in suitable divorce cases for contested financial issues (such as maintenance and the division of matrimonial assets). With FNE, parties will be able to obtain an early and objective evaluation of their case from a neutral evaluator with subject matter expertise (“Evaluator”). More information on the criteria for FNE and its process is set out at the Singapore Courts website at www.judiciary.gov.sg.

86. Family Neutral Evaluation process Pursuant to Part 8, Rule 2(1) of the Family Justice (General) Rules 2024, if a Judge / mediator having conduct of a divorce case considers the case and its contested financial issues suitable for FNE, the parties will be informed of the same. The parties will usually be given 1 week to consider whether they wish to submit their financial issues for FNE. By default, FNEs are conducted on a non-binding basis. Parties may, by consent, opt for FNE to be conducted on a binding basis.

86. Family Neutral Evaluation process If both parties agree to submit their financial issues for FNE, the parties are to file the following documents within 1 week or any other period as directed by the Court:

86. Family Neutral Evaluation process a duly signed Joint Consent Form in Form 83-AA of Appendix A of these Practice Directions; and (b) an “Other Hearing Related Request” to update the Court and seek directions for FNE.

86. Family Neutral Evaluation process A Preliminary Conference for the FNE will be convened by the Court around 3 weeks after the filing and acceptance of the documents referred to in sub-paragraph (2). In the interim, if the parties have not filed their First Ancillary Affidavits, they may be directed to:

86. Family Neutral Evaluation process exchange a list of assets, liabilities, means and expenses (together with all relevant supporting documents) within 2 weeks or any other period as directed by the Court; and (b) submit to FDR by email their respective Statements for FNE in Form 83-AB of Appendix A of these Practice Directions, together with all relevant supporting documents at least 3 working days before the Preliminary Conference.

86. Family Neutral Evaluation process The information and documents referred to in sub-paragraph (3)(a) are similar to the information and documents relevant to the financial issues referred for FNE that parties are required to provide in their First Ancillary Affidavits.

86. Family Neutral Evaluation process Unless otherwise directed by the Court, all parties and their solicitors must attend the Preliminary Conference which will be conducted by the Evaluator.

86. Family Neutral Evaluation process At the Preliminary Conference, the Evaluator will discuss the following matters with the parties and their solicitors:

86. Family Neutral Evaluation process the financial issues referred for FNE; (b) the areas of agreement and dispute; (c) whether the FNE will be undertaken on a binding or non-binding basis; (d) the date for the FNE session; and (e) any other matters that will facilitate the efficient conduct of the FNE.

86. Family Neutral Evaluation process Parties who have filed and exchanged their respective First Ancillary Affidavits prior to the Preliminary Conference and who wish to agree upfront to a binding FNE, will be directed by the Evaluator to file the parties’ Agreement for Binding FNE in Form 83-AD of Appendix A of these Practice Directions before the FNE session is scheduled.

86. Family Neutral Evaluation process The Evaluator may give all necessary directions to facilitate the resolution of the case in accordance with the Objectives, including directions on submission of the following documents:

86. Family Neutral Evaluation process each party’s further documents relevant or material to the FNE; (b) parties’ Joint Statement for FNE in Form 83-AC of Appendix A of these Practice Directions or any other joint summary, at least 3 working days before the FNE session; and (c) parties’ respective written submissions including case authorities. All parties’ statements, summaries, documents, and submissions for FNE are to be sent by email to the FDR Email Address and are not to be filed in the Electronic Filing Service.

86. Family Neutral Evaluation process At any stage of the FNE process, the Evaluator shall have the discretion to decline the conduct of FNE for a case in respect of any or all of its referred financial issues if the Evaluator is of the view that the case and / or the issue(s) are not suitable or have become unsuitable for FNE.

86. Family Neutral Evaluation process Unless otherwise directed, all parties shall attend the FNE session together with their solicitors. The solicitors having primary conduct over the case shall be present throughout the FNE session.

86. Family Neutral Evaluation process The FNE session will usually be fixed for half a day. Depending on its complexity, the Evaluator may schedule more than one FNE session to complete the evaluation of a case.

86. Family Neutral Evaluation process At the FNE session(s), the parties and their solicitors shall present their respective positions and supporting evidence to one another and the Evaluator. Rules of evidence do not apply in this process and cross-examination will generally not take place. The Evaluator may, at any time during the FNE session, ask questions to probe or clarify any submission or evidence presented by the parties. After all presentations and clarifications have been made, the Evaluator will give an evaluation of the relative merits of each party’s case and the likely outcome if it goes to trial.

86. Family Neutral Evaluation process If the parties have entered into an Agreement for Binding FNE, they will be required to prepare a Draft Ancillary Reliefs Order in Form 8 of Appendix A of these Practice Directions to give effect to the Evaluator’s evaluation and to submit the same to the Court for consideration and recording of a consent order. If the FNE was conducted on a non-binding basis, the parties will be expected to use the Evaluator’s evaluation in their negotiations towards a settlement of their dispute.

86. Family Neutral Evaluation process For the purpose of case management, a case conference (“Post-FNE Case Conference”) will be fixed around 1 week after the delivery of the Evaluator’s evaluation. Unless otherwise directed, all parties shall attend the Post-FNE Case Conference together with their solicitors.

86. Family Neutral Evaluation process If the parties are able to arrive at a settlement at or before the Post-FNE Case Conference, parties may record a consent order at the conference.

86. Family Neutral Evaluation process In the event that the parties are unable to resolve their dispute, the Evaluator will give such directions as he or she thinks fit, to facilitate the resolution of the case in accordance with the Objectives.

86. Family Neutral Evaluation process If the parties have not previously attended mediation for their contested financial issues, the Evaluator may recommend that parties attend mediation at FDR to explore ways to resolve their dispute amicably and / or narrow the issues in contention. The results of the FNE may be made available by the Evaluator to the mediator for this purpose.

87. Confidentiality Subject to sub-paragraph (2), the following shall be confidential and treated as “without prejudice” and shall not be disclosed to (or used as evidence in proceedings before) the Court dealing with any of the ancillary matters of the parties or in any other proceedings:

87. Confidentiality all communications made by the parties and the Evaluator during the FNE, including the Evaluator’s evaluation; and (b) all documents and materials prepared, submitted and / or exchanged in the course of and for the FNE.

87. Confidentiality To avoid doubt, the following shall not be confidential:

87. Confidentiality the parties’ Agreement for Binding FNE (if any); (b) the Evaluator’s written evaluation (only when parties have entered into an Agreement for Binding FNE); (c) directions given by the Evaluator / Judge after the conclusion of the FNE for the purpose of case management (including directions for the filing and exchange of affidavits); and (d) documents and materials prepared, submitted and / or exchanged in the course of and for the FNE that would in any event have been subject to disclosure in other proceedings.

88. Guidance on direct judicial communications in international family proceedings affecting children Singapore society has become increasingly international. In cases involving children, a further complication arises where parents and children reside in more than one jurisdiction. In such cases, direct judicial communications may be beneficial. This Practice Direction is issued to facilitate such communications.

88. Guidance on direct judicial communications in international family proceedings affecting children This Practice Direction is issued to assist judges and solicitors dealing with family proceedings affecting children in which direct judicial communications may be beneficial. It is not intended to change the current rules or procedure or to affect the substantive rights of the parties, but is simply intended to facilitate cooperation in international cases, where appropriate.

88. Guidance on direct judicial communications in international family proceedings affecting children The Liaison Judges of Singapore are appointed by the Chief Justice, and it is part of their role to receive and, when necessary, channel incoming judicial communications and initiate or facilitate outgoing communications. The current appointees and further details of the Liaison Judges can be found on the Singapore Courts website at .

88. Guidance on direct judicial communications in international family proceedings affecting children Matters which may be the subject of direct judicial communications include, for example: