Implementation of the Women’s Charter (Amendment) Act 2022 to Strengthen Focus on Care for Family and Welfare of Children

The Women’s Charter (Amendment) Act 2022[1], which introduced changes to strengthen focus on care for the family and welfare of the children in divorce and post-divorce proceedings, in accordance with therapeutic justice principles[2], was passed in Parliament on 10 January 2022.

2        Under the Women’s Charter (Amendment) Act 2022, the Ministry of Social and Family Development (MSF) has introduced the following changes:

1. Divorce by Mutual Agreement of the Irretrievable Breakdown of Marriage (DMA) as a fact that couples may cite in their divorce application;

    

2. Extension of the Mandatory Co-Parenting Programme (CPP) to all divorcing couples with minor children; and

    

3. Enhanced measures for the Enforcement of Child Access Orders (ECAO). This will be accompanied by related amendments to the Family Justice Rules.

3        The key features of each amendment are as follows:

1. DMA has been implemented to allow couples whose marriages have no possibility of reconciliation to take joint responsibility for the breakdown of their marriage and permit such couples to divorce without unnecessary acrimony. This allows the divorcing couple and their family to focus on healing and prioritise their children’s well-being post-divorce.

    

2. The extension of CPP to all divorcing parents with minor children, filing for a divorce application, is operationalised to encourage cooperative co-parenting post-divorce, in the interest of their children.  

    

3. The enhanced ECAO measures will be implemented to help divorced parents seek recourse in cases where there has been a breach of the child access order. 

Implementation of Enhanced ECAO Measures within the Family Justice System

4        The enhanced ECAO measures are designed with the aim to restore parent-child contact and reunite parents with children when their relationships may have been severed, ultimately to protect the child’s best interests. These measures will be brought into force on 2 January 2025.

5          With the enhanced ECAO measures, the enforcement regime for child access will be broadened, to improve its effectiveness and incorporate less confrontational measures. In cases where there is a breach of child access orders, the Courts will now be empowered to order a raft of measures. This includes make-up access, compensation of expenses, mandatory counselling, mediation, family support programmes, or therapeutic or educational programmes as well as an execution of a performance bond.  As a last resort, a jail term and fine can be imposed for care and control parents who fail to comply with the access orders without legitimate reasons.

6          In addition to changes to the Women’s Charter, amendments to the Family Justice Rules will be introduced to simplify the child access enforcement process, which is expected to reduce the time and costs spent on court proceedings. The burden of proof will also be shifted from the access parent to the care and control parent, to explain any alleged breaches of the child access order.

Counselling and Specialised Support Programmes within the Community for Divorcing/Divorced Families

7        Beyond legislative amendments, counselling support and programmes for divorcing parents and their children are available at the Strengthening Families Programme@Family Service Centres (FAM@FSCs). These include the Children of Divorce Intervention Programme (CODIP) and the Children-in-Between (CiB) Programme, which equip children with skills to cope with changes and challenges brought about by their parents' divorce. The FAM@FSCs also facilitate specialised support programmes for individuals from divorcing/divorced families. Such programmes allow them to come together in a safe environment to share their experiences and provide mutual support to one another.  

8        In totality, these initiatives underscore a collective and continuous commitment from the Courts, Government, and community to support divorced/divorcing families through difficult transitions and challenging times.

9        More information can be found in the Opening Speech by Minister of State Sun Xueling at the Second Reading of the Women’s Charter (Amendment) Bill 2022 here and Speech by Justice Debbie Ong at the Family Justice Courts Workplan 2022 here.

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