/akn/sg/act/sub_leg/1995/MPA-R1

Maintenance of Parents Rules

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Type
Subsidiary Legislation
Status
In force
Enacted
1995
Sections
21

Quick answer

About this subsidiary legislation

Maintenance of Parents Rules is Singapore Subsidiary Legislation, cited as Subsidiary Legislation MPA-R1 1995, currently marked in force and first recorded in 1995.

Regulation 1A

Definitions

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Amended byS 562/2024 wef 01/07/2024

In these Rules —“relevant Form”, in relation to any purpose for which a specific form is required to be used, means the relevant form that is set out for that purpose on the Internet website of the Tribunal at https://www.msf.gov.sg/tmp;“Secretary” means the Secretary to the Tribunal appointed under section 13(12) of the Act.

Definition

“relevant Form”, in relation to any purpose for which a specific form is required to be used, means the relevant form that is set out for that purpose on the Internet website of the Tribunal at https://www.msf.gov.sg/tmp;

Suggest a correction

Definition

“Secretary” means the Secretary to the Tribunal appointed under section 13(12) of the Act.

Amended byS 562/2024 wef 01/07/2024
Suggest a correction

Regulation 2

Application to be approved person or organisation

Open as pageSuggest a correction
Amended byS 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024S 562/2024 wef 01/07/2024

Subregulation 1

Suggest a correction
Amended byS 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024

Any person or organisation that desires to be an approved person or organisation for the purposes of the Act may apply to the Minister for approval.

Subregulation 1A

Suggest a correction
Amended byS 562/2024 wef 01/07/2024

An application for the Minister’s approval under paragraph (1) must be made in the relevant Form.

Subregulation 2

Suggest a correction

The person or organisation seeking approval shall furnish the Minister with such information or documents as the Minister may require.

Regulation 3

Registry of Tribunal

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Amended byS 562/2024 wef 01/07/2024

A Registry for the Tribunal shall be established under the charge of the Secretary.

Regulation 4

Records

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Amended byS 146/2011 wef 15/03/2011S 146/2011 wef 15/03/2011

Subregulation 1

Suggest a correction
Amended byS 146/2011 wef 15/03/2011

The Secretary shall cause to be kept —

(a)

a record of proceedings of the Tribunal;

(b)

all applications and papers filed with the Registry; and

(c)

such other records or books as the President or a deputy President of the Tribunal may direct,in accordance with directions given by the President or deputy President of the Tribunal, as the case may be.

Subregulation 2

Suggest a correction
Amended byS 146/2011 wef 15/03/2011

Any party to the proceedings under the Act shall be entitled to a copy of the record of the proceedings of the Tribunal upon request in writing addressed to the Secretary.

Regulation 4A

Record or purported record of abandonment, abuse or neglect

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Amended byS 562/2024 wef 01/07/2024

For the purposes of the Act, a record against or relating to a person is a record or purported record of the person’s abandonment, abuse or neglect of a child of the person if the record —

(a)

is a record mentioned in Part 1 of the Schedule in relation to the child; and

(b)

indicates or purportedly indicates that the person abandoned, abused or neglected the child.

Regulation 4B

Application under section 3B(2) of Act

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Amended byS 562/2024 wef 01/07/2024

Subregulation 1

Suggest a correction

An application to the Tribunal under section 3B(2) of the Act (by, on behalf of or in respect of a parent who has a record or purported record of abandonment, abuse or neglect of a child of the parent) must be lodged with the Secretary.

Subregulation 2

Suggest a correction

The application must be made in the relevant Form for the application and must include or be accompanied by —

(a)

the particulars of the parent;

(b)

if the application is made —

(i)

by a person on behalf of the parent — the particulars of that person; or

(ii)

by an approved person or organisation in respect of the parent — the particulars of that approved person or organisation;

(c)

a statement setting out —

(i)

the act or omission which indicates or purportedly indicates abandonment, abuse or neglect of the child by the parent;

(ii)

if it is claimed that the parent did not abandon, abuse or neglect the child — the circumstances that resulted in the record or purported record of abandonment, abuse or neglect; and

(iii)

the reasons in support of the application;

(d)

documents in support of the statement mentioned in sub-paragraph (c);

(e)

documents in support of the parent’s physical or mental disability, if any; and

(f)

any other document required in the relevant Form for the application.

Subregulation 3

Suggest a correction

After the application is lodged with the Secretary, the Secretary must —

(a)

indicate on the application the date on which it was received;

(b)

assign a number to the application;

(c)

if the president or a deputy president of the Tribunal refers the application to the Tribunal under section 3B(3)(b) of the Act for decision — fix a time and date for the hearing of the application before the Tribunal; and

(d)

inform the following persons of the time and date fixed under sub-paragraph (c):

(i)

the person who made the application;

(ii)

if section 3B(2)(a) and (b) of the Act applies — the child.

Subregulation 4

Suggest a correction
Amended byS 562/2024 wef 01/07/2024

The title of the application is the number assigned to the application under paragraph (3)(b).

Regulation 5

Application under section 3 or 8(2) of Act

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Amended byS 562/2024 wef 01/07/2024

Subregulation 1

Suggest a correction

Each of the following applications must be made in the relevant Form for the application and lodged with the Secretary:

(a)

an application for maintenance under section 3 of the Act;

(b)

an application under section 8(2) of the Act for variation or rescission of —

(i)

a maintenance order;

(ii)

a direction given under section 6(5) of the Act; or

(iii)

an order made under section 6(8) of the Act.

Subregulation 2

Suggest a correction
Amended byS 562/2024 wef 01/07/2024

Every application mentioned in paragraph (1) must include or be accompanied by —

(a)

if the application is made by, on behalf of or in respect of a parent —

(i)

the particulars of the parent; and

(ii)

if the application is made —

(A)

by a person on behalf of the parent — the particulars of that person; or

(B)

by an approved person or organisation in respect of the parent — the particulars of that approved person or organisation;

(b)

if the application is made by or on behalf of a respondent —

(i)

the particulars of the respondent; and

(ii)

if the application is made by a person on behalf of the respondent — the particulars of that person;

(c)

a statement of the financial needs, income, earning capacity and other financial resources of —

(i)

for an application mentioned in paragraph (1)(a) that is made by or on behalf of a parent, or by an approved person or organisation in respect of the parent — the parent; or

(ii)

for an application mentioned in paragraph (1)(b) —

(A)

if the application is made by or on behalf of a parent, or by an approved person or organisation in respect of the parent — the parent; or

(B)

if the application is made by or on behalf of a respondent — the respondent;

(d)

documents in support of the physical or mental disability (if any) of —

(i)

for an application mentioned in paragraph (1)(a) that is made by or on behalf of a parent, or by an approved person or organisation in respect of the parent — the parent; or

(ii)

for an application mentioned in paragraph (1)(b) —

(A)

if the application is made by or on behalf of a parent, or by an approved person or organisation in respect of the parent — the parent; or

(B)

if the application is made by or on behalf of a respondent — the respondent; and

(e)

any other document required in the relevant Form for the application.

Regulation 6

Application for joinder of respondents

Open as pageSuggest a correction
Amended byS 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024S 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024

Subregulation 1

Suggest a correction
Amended byS 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024

Before a respondent serves a notice under section 4 of the Act for joinder of respondents on other persons liable to maintain the respondent’s parent, he shall, within 14 days of the service of the notice of application, file an application for such notice in the relevant Form with the Secretary.

Subregulation 2

Suggest a correction
Amended byS 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024

The notice for joinder of respondents under section 4 of the Act shall be in the relevant Form and shall be signed by the Secretary.

Regulation 7

Notice of application mentioned in rule 5(1) or 6(1)

Open as pageSuggest a correction
Amended byS 562/2024 wef 01/07/2024S 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024S 562/2024 wef 01/07/2024S 562/2024 wef 01/07/2024S 562/2024 wef 01/07/2024

Subregulation 1

Suggest a correction
Amended byS 562/2024 wef 01/07/2024S 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024S 562/2024 wef 01/07/2024

Where an application mentioned in rule 5(1) or 6(1) is lodged, the Secretary shall —

(a)

indicate on the application the date on which it was received;

(b)

assign a number to the application, which shall thereafter constitute the title of the application;

(c)

fix a time and date for appearance before the Tribunal and, if applicable, a time and date for subsequent referral of the differences to a mediator in accordance with section 5(7) or 8(4) of the Act, as the case may be; and

(d)

give notice in the relevant Form to the applicant and respondents of the time and date to appear before the Tribunal to state the differences between parties and subsequent mediation with the mediator so fixed.

Subregulation 2

Suggest a correction
Amended byS 562/2024 wef 01/07/2024S 562/2024 wef 01/07/2024

For an application mentioned in rule 5(1), the Secretary must attach a copy of the application to every notice given under paragraph (1)(d) for the application, except the notice given to the person who made the application.

Regulation 8

Answer

Open as pageSuggest a correction
Amended byS 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024S 146/2011 wef 15/03/2011S 146/2011 wef 15/03/2011S 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024S 562/2024 wef 01/07/2024S 146/2011 wef 15/03/2011

Subregulation 1

Suggest a correction
Amended byS 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024

A respondent or co-respondent may, within 14 days of the service of a notice under rule 7(1)(d), file an answer with the Secretary.

Subregulation 2

Suggest a correction
Amended byS 146/2011 wef 15/03/2011S 146/2011 wef 15/03/2011S 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024S 562/2024 wef 01/07/2024

The answer shall be in the relevant Form and accompanied by —

(a)

a statement of the respondent’s income, earning capacity, property and other financial resources;

(b)

a statement of the expenses incurred by the respondent in supporting his spouse or children, if any;

(c)

a statement of the contributions and provisions, whether financial or otherwise, which the respondent has made for the maintenance of the respondent’s parent; and

(d)

such other documents as may be required in the answer.

Subregulation 3

Suggest a correction
Amended byS 146/2011 wef 15/03/2011

The respondent shall serve a copy of the answer and the statements and documents referred to in paragraph (2) on the applicant and other respondents.

Regulation 9

Notice of hearing

Open as pageSuggest a correction
Amended byS 562/2024 wef 01/07/2024S 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024S 562/2024 wef 01/07/2024

Subregulation 1

Suggest a correction
Amended byS 562/2024 wef 01/07/2024S 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024

Where the mediator mentioned in rule 7(1)(c) or 10(5)(a) is unable, within a reasonable time, to achieve a settlement acceptable to all parties in the dispute, he shall notify the Secretary and the Secretary shall —

(a)

fix a time and date for the hearing and determination of the application mentioned in rule 7(1) before the Tribunal; and

(b)

inform the applicant, respondents and all other relevant parties of the time and date of hearing so fixed.

Subregulation 2

Suggest a correction
Amended byS 562/2024 wef 01/07/2024

The mediator may from time to time adjourn the mediation on such conditions as he thinks just.

Regulation 10

Order in respondent’s absence

Open as pageSuggest a correction
Amended byS 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024S 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024S 562/2024 wef 01/07/2024S 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024S 562/2024 wef 01/07/2024

Subregulation 1

Suggest a correction
Amended byS 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024

The Tribunal may proceed to determine an application mentioned in rule 7(1) and make an order in the absence of the respondent if the Tribunal is satisfied that the notice of hearing has been properly served.

Subregulation 2

Suggest a correction
Amended byS 146/2011 wef 15/03/2011S 562/2024 wef 01/07/2024

A respondent who was not present at a hearing may apply to set aside any order the Tribunal made in his absence within 14 days of the making of the order or such other longer period as the Tribunal may allow.

Subregulation 2A

Suggest a correction
Amended byS 562/2024 wef 01/07/2024

An application under paragraph (2) to set aside an order must be made in the relevant Form.

Subregulation 3

Suggest a correction
Amended byS 146/2011 wef 15/03/2011

Where an application to set aside an order is lodged, the Secretary shall —

(a)

fix a time and date for the hearing of the application; and

(b)

notify the applicant, respondents and all other relevant parties of the time and date of hearing so fixed.

Subregulation 4

Suggest a correction
Amended byS 562/2024 wef 01/07/2024

The Secretary must attach a copy of the application mentioned in paragraph (3) to every notice given under paragraph (3)(b) for the application, except the notice given to the person who made the application.

Subregulation 5

Suggest a correction
Amended byS 562/2024 wef 01/07/2024

Where the order of the Tribunal has been set aside, the Tribunal may —

(a)

refer the application mentioned in rule 7(1) to a mediator for mediation;

(b)

hear the application; or

(c)

make any direction as it thinks just.

Regulation 11

Enforcement of maintenance orders

Open as pageSuggest a correction
Amended byS 146/2011 wef 15/03/2011S 1052/2024 wef 16/01/2025

Subregulation 1

Suggest a correction
Amended byS 146/2011 wef 15/03/2011S 1052/2024 wef 16/01/2025

A maintenance order made under the Act shall be enforced in accordance with section 10 of the Act and including Part 9 of the Women’s Charter 1961, as the case may be.

Subregulation 2

Suggest a correction

[Deleted by S 175/2016 wef 16/05/2016]

Regulation 12

Maintenance to approved person or organisation

Open as pageSuggest a correction
Amended byS 562/2024 wef 01/07/2024

An approved person or organisation shall pay any moneys awarded by the Tribunal for a parent into a separate account in the name of the parent or as directed by the Tribunal.

Regulation 15

Special case stated

Open as pageSuggest a correction
Amended byS 818/2014 wef 01/01/2015S 1022/2020 wef 02/01/2021S 736/2024 wef 15/10/2024

An application to the General Division of the High Court by way of special case stated under section 16 of the Act shall, with the necessary modifications, be made in accordance with Part 20 of the Family Justice (General) Rules 2024 (G.N. No. S 720/2024).

Regulation 16

Extension of time and remission of fees

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The President or a deputy President of the Tribunal may, in his discretion —

(a)

grant an extension of any period of time prescribed in these Rules; or

(b)

remit, reduce or waive any fee prescribed in these Rules.

Regulation 17

Tribunal to determine proceedings

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If any matter or issue is not specifically provided for in these Rules, the Tribunal shall, in accordance with section 14(9) of the Act, determine the conduct of its proceedings.

Regulation 18

Solicitors’ costs

Open as pageSuggest a correction
Amended byS 1022/2020 wef 02/01/2021S 1022/2020 wef 02/01/2021S 1022/2020 wef 02/01/2021S 1022/2020 wef 02/01/2021

The total remuneration (inclusive of disbursements and goods and services tax) an advocate and solicitor is entitled to charge his client in respect of —

(a)

an appeal from the Tribunal to the General Division of the High Court under section 18(2) of the Act;

(b)

the hearing by the General Division of the High Court by way of a special case stated by the Tribunal under section 16 of the Act;

(c)

a revision of the Tribunal’s decision by the General Division of the High Court under section 17 of the Act; or

(d)

an appeal from the General Division of the High Court under section 18(5) of the Act,shall not in each case exceed $3,000.

Common questions

What is Maintenance of Parents Rules?
Maintenance of Parents Rules is Singapore Subsidiary Legislation, cited as Subsidiary Legislation MPA-R1 1995, currently marked in force and first recorded in 1995.
Is Maintenance of Parents Rules still in force?
Yes — Maintenance of Parents Rules is currently in force.
When did Maintenance of Parents Rules take effect?
Maintenance of Parents Rules was first recorded in 1995.
How many regulations does Maintenance of Parents Rules have?
Maintenance of Parents Rules contains 21 regulations.
Where can I read the official version of Maintenance of Parents Rules?
The official text of Maintenance of Parents Rules is published at sso.agc.gov.sg.