Singapore legislation
Regulation 4
Regulation 4
Application for permission to commence PH proceedings in Family Court
Subregulation 1
An application for permission to commence any PH proceedings pursuant to section 16I(2)(c) of the Act must be made to the Family Court by originating application in Form 185.
Subregulation 2
The originating application must be served in accordance with the direction (if any) of the Family Court for service on a party or an individual or entity mentioned in paragraph (3)(c) or (d).
Subregulation 3
An application for permission in paragraph (1) must be supported by an affidavit in Form 186, or by a simplified form in the relevant Form annexed to the application —
identifying the PH proceedings that the party seeking permission wishes to commence in the Family Court;
identifying the pending family proceedings which are related to the PH proceedings;
stating the name and address of the party in the family proceedings against whom the PH proceedings are intended to be commenced;
stating the names and addresses of all other individuals or entities against whom an order is sought under the PH proceedings, if any; and
stating the reasons why it is just, expeditious and economical for the disposal of the PH proceedings and the pending family proceedings that the PH proceedings be commenced in the Family Court.
Subregulation 4
For the purposes of paragraph (3)(b), the affidavit or simplified form (as the case may be) must state how the pending family proceedings are related to the PH proceedings and, in particular —
state whether the PH proceedings and the pending family proceedings involve any common issues of law or fact, and the extent of those common issues;
state whether, and to what extent, the rights and reliefs claimed in the PH proceedings and the pending family proceedings are in respect of the same conduct or course of conduct;
state whether the party seeking permission has duly served the originating process of the pending family proceedings on all other parties in those proceedings or been served with the originating application (as the case may be), and provide evidence of the service; and
state the current stage of the pending family proceedings.
Subregulation 5
The Family Court may make an order or give a direction for any of the following:
where the permission to commence PH proceedings is refused — the disposal of the application for permission to commence the PH proceedings;
where permission to commence PH proceedings is granted — the conduct of both the PH proceedings and the pending family proceedings.