Paramount consideration to be welfare of child

125.—(1) The court may at any time by order place a child in the custody, or in the
care and control, of the child’s father or mother or (where there are exceptional
circumstances making it undesirable that the child be entrusted to either parent) of any
other relative of the child or of any organisation or association the objects of which
include child welfare, or of any other suitable person.
[7/2016]

(2) In deciding in whose custody, or in whose care and control, a child should be
placed, the paramount consideration is to be the welfare of the child and subject to this,
the court is to have regard —
(a) to the wishes of the parents of the child; and
(b) to the wishes of the child, where he or she is of an age to express an
independent opinion.
[7/2016]

Orders subject to conditions

126.—(1) An order for custody may be made subject to such conditions as the court
may think fit to impose and, subject to such conditions (if any) as may from time to time
apply, entitles the person given custody to decide all questions relating to the upbringing
and education of the child.
(2) Without limiting subsection (1), an order for custody may —
(a) contain conditions as to the place where the child is to reside, as to the
manner of his or her education and as to the religion in which he or she is
to be brought up;
(b) provide for the child to be temporarily in the care and control of some
person other than the person given custody;
(c) provide for the child to visit a parent deprived of custody, or any member
of the family of a parent who is dead or has been deprived of custody, at
such times and for such periods as the court may consider reasonable;
(d) give a parent deprived of custody or any member of the family of a parent
who is dead or has been deprived of custody the right of access to the child
at such times and with such frequency as the court may consider
reasonable; or
(e) prohibit the person given custody from taking the child out of Singapore.
(2A) An order for the care and control of a child may be made subject to such
conditions as the court may think fit to impose.

Singapore Statutes Online Current version as at 08 Mar 2023 PDF created date on: 08 Mar 2023
 [7/2016]

(2B) Without limiting subsection (2A), an order for the care and control of a child
may —
(a) contain conditions as to the place where the child is to reside;
(b) provide for the child to visit a parent who does not have custody or care
and control of the child, or any member of the family of a parent who is
dead or does not have custody or care and control of the child, at such
times and for such periods as the court may consider reasonable;
(c) give a parent who does not have custody or care and control of the child, or
any member of the family of a parent who is dead or does not have custody
or care and control of the child, the right of access to the child at such
times and with such frequency as the court may consider reasonable; or
(d) prohibit the person given care and control of the child from taking the child
out of Singapore.
[7/2016]

(3) Despite subsections (1) and (2A), where an order for custody, or an order for care
and control, is in force, a person must not take the child who is the subject of the order
out of Singapore, except with the written consent of both parents or the leave of the
court.
[7/2016]

(4) Subsection (3) does not prevent the taking out of Singapore for a period of less
than one month of the child by the person given custody, or care and control, of the child
or by any other person who has the written consent of the person given custody, or care
and control, of the child to take the child out of Singapore.
[7/2016]

(5) Any person who contravenes subsection (3) 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 12 months or to both.

Singapore Statutes Online Current version as at 08 Mar 2023 PDF created date on: 08 Mar 2023