Social Media Investigations: Private Investigator in Singapore in Social Media

Due to technological advances, and the invention of telecommunications devices as well as embracing of Information Communication Technology (ICT) into our day to day activities, the way we interact and socialize has changed. Meeting up with new people or having the coffee and tea dates that characterized the days of old has become less and less visible as more people live their lives on socia lmedia. But what is social media? Social media is a collection of web-based and mobile based technologies which are used to turn communication into interactive discourse amongst organizations, communities, and individuals. The beauty of social media is that you can interact with people who are in different parts of Singapore as well as all around the world with just a click of the button. The advent of social media interaction has also its own downsides and one of them is perpetration of civil and criminal offences, online infidelity and breakdown of the traditional social structures. Most people would rather interact with you via social media than meet you physically for a social outing or a bonding session among friends. A private investigator in social media in Singapore can use this to his or her advantage as it is as ideal a place to conduct his or her investigations.

One of the ways a private investigator inSocial media in Singapore can use it for investigative purposes is by doing a background check. Most people have no idea that whatever they post in social media is considered public information and hence can be accessed by anyone without obtaining a warrant. A private investigator will go through the subject’s social media profile (however many they are) and will get information on what they like, where they usually hang out, who they hang out with, favourite movies, music and food, whether you are a drinker or smoker, you view on life and a lot of other information you can obtain from the subject’s profile. From there, the private investigator will gain valuable insight on the subject and formulate an investigative strategy that will help him or her get the evidence that they may require to close the case successfully. Although the accuracy of information gotten from social media like Facebook, MySpace, and twitter among others is not one hundred percent accurate, it helps the private investigator get a sense of who the subject of investigation is and what their values are and where to find them if need be.

Most businesses and organizations feel like social media reduces employee productivity. Some employees spend more time on the social network in a working day as compared to the time spent doing what they were supposed to do. Most employers have restricted the access their employees have to social media sites, but some of them who do social marketing via social media cannot afford do that. Most hire a private investigator to check on employee misconduct. The private investigator in social media in Singapore will have to find uncanny ways to befriend the employee so that they can monitor their social media activities. Some companies may also hire a private investigator to spy on their competitors using their social media activities. The private investigator will look into what events are coming up, which new products the competitors have come up with and if it is creating a buzz in social media (if you are in twitter, they call it a trending topic), and how many followers (in twitter) , likes and subscribers the competitor has on their social media business page (can also be a fan page). Social media sites is a treasure trove of valuable information on anyone or anything and a private investigator in Singapore should learn how to navigate all these sites if he or she is to stay up to date and relevant in this day and age.

By: Private Detective Singapore SK Investigation Services

GROUND OF ADULTERY

GROUND OF ADULTERY

 

To get a divorce you must have a reason. Some reasons for divorce don't require proof that your spouse was at fault. Other reasons, such as adultery, do require proof of fault. In most states, you may choose to have either a no-fault or a fault-based divorce. In some states, you can only get a no-fault divorce.

Adultery is often defined as voluntary sexual intercourse by a married person with someone besides his or her spouse. While intercourse is usually required, something less may amount to adultery under the divorce laws in some states. Adultery is stated as a reason for divorce in the laws of the majority of states that allow fault-based divorces.

Choosing Between No-Fault and Fault-Based Divorce

A spouse may choose a fault-based reason for divorce even when no-fault divorce is an option. Often no-fault divorce laws require the couple to be separated for a longer time period than when a fault-based reason is given for seeking a divorce. In some states, a spouse who proves the other's fault may receive a greater share of the marital property or more alimony. Marital property is property that both spouses have rights to.

Proof of Adultery

You must have proof to get a divorce based on adultery. A feeling or a belief that your spouse committed adultery isn't enough proof. Adultery can be difficult to prove and requires supporting evidence from an additional person. It's usually not enough for both spouses to admit that one committed adultery. Adultery must be independently proven as fact.

Usually there's no direct proof of adultery, such as eyewitness accounts or photographs, so adultery has to be proven with circumstantial evidence. Circumstantial evidence is indirect evidence based on implications. Adultery may be proven indirectly by showing an opportunity, such as the spouse was in the company of someone else where sexual intercourse could have occurred, and an inclination to commit adultery, such as the spouse and other person were likely to participate in sexual relations under the given circumstances.

To prove adultery, you either need an eyewitness, which is very unlikely, or circumstantial evidence that logically leads to the conclusion of adultery and is inconsistent with the normal behavior you would expect from an innocent spouse. To prove adultery using circumstantial evidence, you would need to show both an inclination and the chance to commit adultery. Proof that two people are inclined to commit adultery may consist of such things as their public displays of affection or their love letters. Proof of opportunity may consist of travel or hotel records.

If your spouse has found someone else and you think the marriage is over, you may want to consult a divorce attorney before you confront your spouse. Your lawyer can advise you on what you should do to get the evidence of adultery that you may need if you decide to file for divorce based on the grounds of adultery.

Maintenance

This section provides a brief summary of the procedures in filing an application for maintenance or for the enforcement of maintenance orders in the Family Court.*

The information provided is general in nature, and is not intended as legal advice.  The staff of the Family Registry cannot provide you legal advice, or assist with drafting the contents of any document.

* Important note: This section deals with applications made and enforced under Part VIII of the Women’s Charter.  Maintenance issues may also be dealt with as ancillary matters in divorce proceedings.  For more information on divorce proceedings, please see the Processes and Procedures: Divorce page in the Processes and Procedures section of this website.

References to legislation

Women’s Charter (Cap 353)

Women’s Charter (Garnishee Proceedings) Rules (Cap 353, R 6, 1998 Rev Ed)

Maintenance Orders (Facilities for Enforcement) Act (Cap 168)

Maintenance Orders (Reciprocal Enforcement) Act (Cap 169)

Criminal Procedure Code (Cap 68)

Maintenance case flow

How your case may progress through the Family Court:

APPLY for maintenance, or for the enforcement of an existing maintenance order by filing and swearing/affirming a Magistrate’s Complaint

You will be brought before a Magistrate or District Judge.  If your application is in order, the Magistrate or District Judge will direct that a summons to the respondent be issued.

The Court will send a letter to the respondent to inform him or her that attendance in Court is required for service of the summons.  You must also be present on this date.

First day at Court:

If the respondent is present

If the respondent is absent

SERVICE OF THE SUMMONS AND MEDIATION

SERVICE OF THE SUMMONS

The respondent will be served with the summons personally at the Family Court.  If both of you are agreeable, your case will be referred for mediation with a court mediator.

You will have to accompany the Court process server to the respondent’s house for service of the summons.

IF THERE IS AN AGREEMENT BETWEEN THE PARTIES, CONSENT ORDER RECORDED BEFORE MAGISTRATE OR DISTRICT JUDGE

MENTIONS IN FAMILY COURT 1

On your next Court date, your case will be mentioned in Family Court 1 before a District Judge.  The District Judge will order both parties to disclose financial documents and salary slips, and fix trial dates if the case is ready for hearing.

HEARING IN OPEN COURT

Maintenance trials are heard before a Magistrate or a District Judge in open court.  The open court trial may take up to one day depending on the complexity of the case. 

The Magistrate or District Judge will make the necessary orders after the hearing is over.

ORDER OF COURT

1. Starting proceedings

You must come personally to the Family Court to complete the standard Magistrate’s Complaint form.  You may do this at the Family Registry, Level 1, Family and Juvenile Court Building.

You must bring:

your Marriage Certificate, if any;

your children’s Birth Certificates, if you are applying for their maintenance; and

a copy of the Court order that you wish to enforce, if you are applying for enforcement.

As you are the person filing the Magistrate’s Complaint, you are known as the Complainant.  The person against whom the Magistrate’s Complaint is made is the Respondent.

When you have completed and submitted your Magistrate’s Complaint, you will be taken before a Magistrate or District Judge to have it sworn or affirmed.  To swear or affirm the Magistrate’s Complaint means that you confirm that the contents of what you have written in the form are true and correct.

It is a serious offence to include statements that you know to be untrue or incorrect in a sworn or affirmed Magistrate’s Complaint.

If your application is in order, the Magistrate or District Judge will direct that a summons to the Respondent be issued.

You will have to pay the prescribed fee for the issuance of the summons.

The Family Registry will set a date for the personal service of the summons on the Respondent.  The Respondent will be sent a letter at the address you have provided, to inform him or her that he or she has to attend at the Family Court for the service of the summons.

2. Service appointment

If both the Complainant and the Respondent are present, personal service of the summons will be effected on the Respondent.  If both of you are agreeable, you will be referred for a free mediation service with a Court mediator to see if you can reach a settlement on the maintenance issue.  If a settlement is reached, you will both be brought before a Magistrate or District Judge again to have the settlement recorded as a Court order.  That will conclude your case.  You will both receive copies of the order by post.

If the Respondent is absent from Court on this date, you will have to accompany the Court process server to the Respondent’s address if you wish to proceed with your application.  You will have to pay the prescribed fee for service of your summons by the Court process server.

Once the summons has been served on the Respondent, a date will be set for the mention of your case in Family Court 1.

If you fail to turn up on any of your Court dates, including the date for service of the summons on the Respondent, your application may be struck out. This means that you will have to file another Magistrate’s Complaint, and the same fees will apply.

If you are the Respondent, your failure to turn up will result in the issuance of a Warrant of Arrest against you.

3. Your first Court date

Your first Court date will be a mention of your case in Family Court 1 before a District Judge.  A mention is a short hearing.  It usually lasts only five minutes.  A District Judge may hear up to 30 or 40 mentions per half day session in Family Court 1.

At your mention, the Judge will:

consider whether the case may be resolved by agreement;

give orders on the production of evidence—in maintenance cases, the usual evidence consists of parties’ bank and CPF statements, salary slips, IRAS Notices of Assessments and lists of personal monthly expenses;

give orders on the filing of affidavits, if you or the Respondent have lawyers, or know how to prepare affidavits;

determine how many days are needed for the hearing of your case, and fix trial dates accordingly.

If you have applied to enforce an existing maintenance order, the District Judge may direct the Respondent to show cause as to why he or she has breached the maintenance order, and why enforcement action should not be taken against him or her.  If you are the Respondent, you should ensure that all the documents you want to rely on—for example, any medical reports or letters of retrenchment—are ready to be shown to the Judge on the mention date.

4. Hearing in open court

If you are not able to settle the maintenance dispute with the Respondent, you will each have to give evidence before a Magistrate or District Judge to prove your respective cases.  This will be done in a trial in open court.  If either party wishes to call witnesses at the trial, they should inform the District Judge of their intention during the mention in Family Court 1.

The trial may last anything from an hour or two, to a few days, depending on the complexity of your case.  The District Judge in Family Court 1 will assess this, and decide how much time to allocate to your case.

At the trial, the proceedings will generally take the following structure:

The Complainant gives his or her documents to the Court, and takes the witness stand to give sworn or affirmed evidence.

The Respondent may cross-examine the Complainant on what he or she has said.

The Respondent gives his or her documents to the Court, and takes the witness stand to give sworn or affirmed evidence.

The Complainant may cross-examine the Respondent on what he or she has said.

If either party is represented, the trial will be conducted by their lawyers.  At the end of the hearing, the lawyers will present arguments on behalf of each party.

The Magistrate or District Judge will then make the necessary orders.  This concludes your case.

5. Appeals

If you are not satisfied with the order, you may appeal to a Judge of the High Court.

If you wish to appeal, you must do so by filing a Notice of Appeal (Form 114) in the Civil Registry of the Subordinate Courts.  The Notice must be filed and served within 14 days of the order.  You must also provide security for the other party’s costs of the appeal in the sum of $2,000, if you are appealing against a Magistrate’s order, or $3,000, if you are appealing against a District Judge’s order.  You may wish to refer to Order 55D of the Rules of Court for further details.

Please note that court staff cannot help you with your appeal papers.  If you need a lawyer, or legal advice, you may find it helpful to refer to the General Information page on this website.

6.  Respondents residing outside Singapore

If you want to file a Magistrate’s Complaint against a respondent who resides outside Singapore, you may do so if

you know the respondent’s address in the foreign country; and

the country is one of those which has made arrangements with Singapore on maintenance matters.

These countries are listed in the Maintenance Orders (Facilities for Enforcement) Act (Cap 168) and the Maintenance Orders (Reciprocal Enforcement) Act (Cap 169).

If you meet these conditions, you may file a Magistrate’s Complaint in the same way that you would if the respondent lived in Singapore.

If you are applying to enforce an existing maintenance order, you must bring a copy of that order when you come to the Family Court to file your Magistrate’s Complaint.  After your Complaint is filed, the Court will send the necessary papers to the authorities in the respondent’s country for enforcement.

If you are applying for maintenance for the first time, you will be given a Court date to attend before a Magistrate or District Judge in open court. You must bring:

your Marriage Certificate, or the children’s Birth Certificates, if you are applying for their maintenance;

information on the respondent’s residential address in the foreign country; and

a photograph of the respondent.

You will give sworn or affirmed evidence, and produce any documents in support of the application—such as, for example receipts for expenses incurred by the child, if you are applying for maintenance of a child.

The Magistrate or District Judge may then issue a provisional maintenance order.  The provisional maintenance order will be sent to the respondent’s country.  The provisional maintenance order must be confirmed there before it becomes effective.

The procedures in each receiving country will vary depending on what mechanisms or practices have been put in place by the competent authorities in that particular country. Staff of the Family Court will not be able to advise you on how long the process will take in the receiving country.

Who Can Ask for Custody of Your Child

The Women's Charter defines a 'child' as a child of a marriage who is under 21 years of age.

Any parent can ask for the custody and/or the care and control/access of the child. However, there may be circumstances where the Judge may feel it is more appropriate to give the custody and/or the care and control/access of your child to a relative or a children's welfare organisation or to order that custody be shared between both parents.

Custody refers to who has legal decision-making authority in the life of a child. The decision-making authority is usually in regard to major life issues such as religion, education, health and activities.

Care and control refers to which parent the child lives with on a day-to-day basis.

Access refers to the periods during which the parent who does not have care and control of the child is granted time to spend with the child.

When to Apply for Custody

You can apply for the custody and/or the care and control/access of your child at any time during the marriage, the separation or the court proceedings for a divorce.

How to Apply for Custody

You will have to apply to the Family or the High Court for the custody and/or the care and control/access of your child. Your lawyer would be able to advise you on the procedures.

Considerations for Custody

When deciding who to give the custody and/or the care and control/access of your child to, the Judge may also consider your wishes and those of your spouse/ex-spouse and the wishes of your child, (if old enough to express an opinion), but the Court considers the interest of the child as paramount.

What Can the Judge Decide

The Judge may, after considering the report of a welfare officer, impose some conditions on the person to whom he grants custody and/or the care and control/access of a child to, such as prohibiting a child from being taken out of Singapore.

Access

When custody and/or the care and control/access is given to one parent, it is usual for the other parent to be given permission to spend some time with the child on a regular basis. This arrangement is called 'access'. The Judge may deny access to the other parent if it is shown that such access will not be in the best interest of the child.

It would be best if both parents can work out a suitable, convenient and reasonable time for access to the child. You should both decide on the time to meet, the place to pick up and the time to return your child and the length of the meeting. After coming to a decision, both parents should stick to the agreement.

If both of you cannot come to an agreement, then make your wishes known to the Judge. The Judge will decide after hearing both sides.

Please understand that the process of divorce or separation will affect your child. In the interest of your child, try to compromise as much as the circumstances permit with regard to access. As far as is possible, the innocent child should not be deprived of either parent.

Counselling and mediation processes are provided at the Family Court. Use the services provided.

Taking your child out of Singapore

If anyone threatens to take your child out of Singapore without your consent, you may apply to Court and obtain an order to prevent him from doing so. If he disobeys the Court order, he may be guilty of contempt and may be fined or imprisoned (if he can be found).

Maintenance

Who can apply for maintenance

Under the law, both parents are responsible for maintaining the child. Whoever has custody, care and control of the child can apply for maintenance.

In cases where a maintenance order is required urgently, an application can be made immediately at the Family Court without having to wait for the commencement or outcome of the divorce proceedings.

The Judge can order either or both parents to pay maintenance for the child. This order can be made any time during the marriage or separation or after the divorce. The order may state that the maintenance is to be paid to the parent having custody, care and control of the child.

Child maintenance

The decision of the Judge on how much maintenance to give to your child depends on a number of factors. The Judge will consider the basic financial needs of your child such as his education, food and lodging expenses. Any physical or mental disability of your child will also affect the amount of maintenance.

Period for custody or maintenance

Usually an order for custody or maintenance will automatically expire or become ineffective after your child reaches his 21st birthday or in the matter of the child's maintenance, when your child is financially independent. Sometimes the Judge can order maintenance for a specific period, even after your child reaches his 21st birthday, such as until the completion of his tertiary education.

However, if your child suffers from any physical or mental disability, the custody and/or the care and control/access or maintenance order may continue until he recovers from that disability, even after he turns 21.

Varying an Order of custody or maintenance

You may make an application in Court to vary or cancel the Order of custody or maintenance in the interest of your child. You may do so if there is a material or important change in the circumstances since the Order was made. Examples are: there is a substantial increase in the salary of either parent, change in health conditions or the remarriage of one parent.

Agreement for custody or maintenance

You can make an agreement for custody and/or the care and control/access or maintenance. However, the Judge may vary the agreement if it is in the interest for the welfare of your child to do so.

Maintenance for Wife or Ex-wife

When can you apply for maintenance

A wife/ex-wife may apply for maintenance during marriage, separation or the course of divorce proceedings.

You need not have to file for a divorce before you apply for maintenance for yourself. You may do so if your husband neglects or refuses to provide you with reasonable maintenance.

If you are undergoing a divorce and do not apply for maintenance during divorce proceedings or your application for maintenance has been turned down by the Court at the conclusion of divorce proceedings, you may not subsequently apply for maintenance.

Maintenance

This depends on a number of factors. The Judge will consider the financial standing and earning capacity of both you and your husband/ex-husband. He will also consider the standard of living enjoyed by both of you during the marriage. Ages of the parties and the duration of the marriage are also factors considered. The Judge will try to place you in the same standard of living, as you would have enjoyed, if the marriage had not broken down.

Period of maintenance

Usually the period of maintenance will last until the wife or the husband dies or the wife remarries.

Varying the Order of maintenance

Either you or your husband/ex-husband may apply to the Court to vary or cancel the Order for maintenance at any time, if the circumstances under which the original order was given have changed.

Arrears of maintenance

If your husband/ex-husband has refused or neglected to pay you the maintenance as ordered by the Judge, you may proceed to recover the arrears by filing an enforcement application to the Family Court. Please consult a lawyer.

Arrears of maintenance can only be recovered up to a period of 3 years before the filing of the enforcement application. Any arrears in excess of the 3 years therefore cannot be recovered under such application.

Enforcement Order

The Judge has the power to impose a fine or even sentence your husband/ex-husband to imprisonment for a term of not more than one month for each month that he is in arrears of maintenance.

You can make your complaint at the Family Court at Havelock Road. The complaint is filed in English. If you need an interpreter, you should request for one at the Family Court. You may be required to accompany the Process Server (a Court Officer) to serve the summons on your husband/ ex-husband. You should find out when and where your husband/ex-husband can be found before you file your complaint. This would save you time and effort in serving the summons.

On the day of the hearing, you should prepare yourself by asking the Maintenance Counter in the Family Court to issue an updated record, showing the arrears of your husband/ex-husband, for the Judge if the Order required him to make payment through the Court.

Attachment Order

The Judge also has the power to make an order that the maintenance be paid by the employer of the husband/ex-husband out of his salary if he holds a steady job and has been defaulting regularly. You should be prepared to provide the Court with the name and address of his employer.

Ancillary Matters Pertaining To Divorce

All divorce writs are first heard in the Family Court in the Subordinate Courts. After an interim judgment for divorce is granted, ancillary matters such as child custody and maintenance are looked into. If there is a dispute regarding the division of matrimonial assets exceeding S$1.5 million, the case and all its outstanding ancillary matters is transferred to the High Court for settlement and conclusion. When a case is transferred to the High Court, a Pre-trial Conference will be arranged for parties to receive directions to ensure that the case is ready for hearing before a High Court Judge. No court hearing fees are payable for family cases. After all ancillary matters are concluded, the High Court will issue a Certificate of Making Interim Judgment Final and the divorce is confirmed. By: Private Investigator Singapore SK Investigation Services

Personal Protection Orders

This section provides a brief summary of the procedures involved in filing an application for a personal protection order in the Family Court.

The information provided is general in nature, and is not intended as legal advice. The staff of the Family Registry cannot provide you legal advice, or assist with the drafting the contents of any document.

Processes for cases involving Personal protection orders

How your case may progress through the Family Court:

APPLY for a personal protection order by filing and swearing/affirming a Magistrate’s Complaint

You will appear before a Magistrate or District Judge. If your application is in order, the Magistrate or District Judge will direct that a summons to the respondent be issued. Depending on the facts of your case, the Magistrate or District Judge may also direct that an expedited order be issued for your protection.

SERVICE OF THE SUMMONS

The Court's process server will serve the summons personally on the respondent at the address you have provided in your Magistrate’s Complaint.

First day at Court:

MENTIONS IN FAMILY COURT 1

During your next Court appearance, your case will be mentioned in Family Court 1 before a District Judge. The District Judge may order parties to proceed for counselling. If there is an agreement between the parties, the District Judge may make the necessary orders. If there is no agreement between the parties, the District Judge will order both parties to disclose medical and police reports, and any other documents, and fix trial dates if the case is ready for hearing.

HEARING IN OPEN COURT

Personal protection order trials are heard before a Magistrate or a District Judge in open court. The open court trial may take a few hours, one day or longer depending on the complexity of the case. The Magistrate or District Judge will make the necessary orders after the hearing is over.

ORDER OF COURT

1. Starting proceedings

You must come personally to the Family Court to complete the standard Magistrate’s Complaint form. You may do this at the Protection Order Services Unit, on Level 1, Family and Juvenile Court Building. A Family Support Officer will be stationed there to help you with your application.

If you have any police or medical reports relating to your case, you should bring these with you. However, you do not need to have copies of such reports to file an application for a personal protection order.

As you are the person filing the Magistrate’s Complaint, you are known as the Complainant. The person against whom the Magistrate’s Complaint is made is the Respondent.

When you have completed and submitted your Magistrate’s Complaint, you will be taken before a Magistrate or District Judge to have it sworn or affirmed. To swear or affirm the Magistrate’s Complaint means that you confirm that the contents of what you have written in the form are true and correct.

It is a serious offence to include statements that you know to be untrue or incorrect in a sworn or affirmed Magistrate’s Complaint.

We have many queries on the marriage preparation programme.

Mr Deputy Speaker, first of all, let me say I’m very heartened by your reasoned, logical and persuasive arguments. I’m heartened because it has shown that we are moving in the right direction, although I suspect many of you wish we’d move faster, and maybe the pace is not to your satisfaction.  But we’re moving in the right direction.  Let me get down now to the specifics. .

We have many queries on the marriage preparation programme.

Evidence from overseas research, as well as local experience, have suggested that these programmes are helpful in strengthening marriages. We conducted a survey in 2006 of 800 people, 97% of those who attended marriage preparation programmes found them useful. Also, the Muslim community has expanded marriage preparation courses for minors since 2007.  They set up 2 INSPIRASI centres. This measure seems to have borne fruit, as divorces resulting from Muslim minor marriages had fallen by 15% from 2007 to 2009, and by one-third since 2003. The present proposal seeks to extend this practice to civil marriages that have a higher risk of divorce. As there is already a good system in place for Muslim couples, there is no need to amend the Administration of Muslim Law Act to require marriage preparation for Muslim marriages.

However, we have also been very careful and as Professor Straughan has said, before we even embark on the suggestion of mandatory marriage preparation for everyone, we have to be very clear first, who will benefit, and the quality of the providers. That is why I have moved very, very carefully and in a very slow way.  We have only for a start confined ourselves to marriages involving minors because this is one area where we have clear evidence that this is a group that is more at risk and this is a group for whom intervention makes a difference. As evidence surfaces for other groups, we can then consider it in the future, but I’m not willing to rush into this. I will take Professor Straughan’s point that we must accumulate the data and the evidence before we make further moves in this area. Similarly, I do not intend the requirement of marriage preparation to marriages involving divorcees, or to foreign brides and foreign grooms, until we can better ascertain the risk profiles for these different categories of couples. It is also neither necessary nor feasible to mandate the programme for all couples or for us to track those who marry overseas for attendance for marriage courses. What we will do is we will certainly be prepared to exercise more flexibility and also work with both secular as well as religious organizations who are providing such marriage preparation courses. 

There was also a suggestion that we needed to have  a marriage centre to provide help on marriage-related issues.  I’m very pleased to tell you that in fact the National Family Council set up Marriage Central 2 years ago. This is a one-stop resource point to promote strong, healthy and happy marriages. Marriage Central provides a whole slew of marriage-related programmes and resources through various platforms both in cyberspace and in real physical space  located at the Woodlands and Jurong Regional Libraries.  I would encourage couples who seek help on marriage-related issues to approach Marriage Central.  

There was also concern expressed by Mr Lim Biow Chuan, Professor Straughan and Ms Wong about the timing and effectiveness of the requirement for divorcing couples with children to attend counseling or mediation at the court. Let me be very explicit here and clarify that the primary intent of this measure is to mitigate the impact of divorce on the children.  It is not about reversing the couple’s decision to divorce or to help them resolve their personal problems or to restore their marriage.  If that happens, that’s an additional bonus but that is not the main intent. Efforts to save the marriage are better pursued upstream through marriage preparation and enrichment programmes, and providing accessible touch points such as the Marriage Central for couples. Couples who have already filed for divorce are unlikely to benefit from any mandatory counseling if one or both parties are unwilling to undergo any counseling.

Hence, the proposed measure is to ensure that parents put their children’s interests ahead of the conflicts they have between themselves, and that they must work out issues of custody, maintenance and division of assets, particularly in the interest of the children.  I agree with Mr Hri Kumar that parenting plans should not be a paper exercise. It’s not a form filling exercise but should reflect a commitment by both parties to put the interest of their children first. Currently, Court statistics indicate that a significant proportion of submitted Parenting Plans are proposed but have not been agreed upon. The aim, then, is to address this by ensuring that both parties come to an agreement on effective and workable and practical parenting and care arrangements for the children, under the guidance of trained mediators and counsellors familiar with both the legal, emotional and psychological dimensions of a custodial dispute. This measure will be implemented in stages to provide time for the recruitment of qualified counselors and mediators. 

Nevertheless, we still felt it was important for the court will retain the discretion to waive the requirement for special cases where counseling or mediation may not be in the interests of all parties, such as those involving family violence or abuse. To address Mr Lim’s concern that an uncooperative party may try to stay the divorce proceedings by not attending the requisite mediation or counseling, the proposed provisions empower the Court to exercise appropriate discretion against non-compliant parties. For instance, the non-compliant party may be ordered to pay a reasonable amount in costs.

Mdm Phua, quite rightly, expressed her sympathy for children who are affected by their parents’ divorce through no fault of their own. However, I’m afraid I still cannot agree to your call for mandatory counseling for children because I believe it is better to retain the current arrangement where the courts have the discretion to refer the children for counselling on a case-by-case basis based on its assessment. Each family and each divorce is unique, and I think that we in this House, as we formulate legislation, need to be careful to retain enough flexibility and discretion in the hands of judges who are dealing with each family and each case, rather than for us to succumb to the temptation to hardwire all our prescriptions into the resolution of complicated family disputes. So I would still maintain the position that I would rather leave the discretion in the hands of the Family Court judges.

Maintenance Enforcement Measures

I shall now move on to address comments on the measures to enhance enforcement of maintenance orders. Mr Kumar, Mdm Phua, Mdm Ho and Ms Lee have suggested additional sanctions against maintenance defaulters, and indeed there were many other suggestions from the public as well, including confiscating travel documents, imposing curfews on them, imposing interests for late payments and a plethora of other uncomfortable sanctions. My Ministry has actually explored each suggestion carefully, including the idea of confiscating their handphones or revoking their driving licenses, but we decided not to embark on these.  We felt that many of the suggestions were difficult to enforce fairly and the sanctions bore little nexus to the offence of not paying maintenance arrears. We have however introduced new sanctions, such as the community service orders, the requirement to declare maintenance debts for remarrying parties, the imposition of banker’s guarantee and the reporting to credit bureaus. These are incremental measures.  Let’s see and wait to measure the impact of these measures before contemplating more onerous sanctions.

There was much discussion on community service orders.  I want to emphasis that it is not a soft option.  It is meant to give judges a wider menu of deterrent sentences that they can impose in order to encourage the appropriate behavior by the defaulters. The defaulters who are required to perform community service are still required to pay their maintenance  arrears, it does not take them off the hook. Defaulters required to perform community services are still required to pay up their maintenance arrears.  The merit of such orders is that, unlike jail terms, they will not affect the defaulter’s employment, thereby aggravating the financial situation of the defaulter.

On the measure to declare maintenance debts before a party remarries, I agree with Mdm Ho and Ms Wong that the remarrying party should also declare whether he is liable to pay maintenance, in addition to whether there are any outstanding arrears. This is actually the intent of the provision, because the party will first have to declare if there is any maintenance order before declaring if there are arrears owed. I also note Mdm Ho’s and Miss Audrey Wong’s point having a limited window for reporting arrears to the credit bureaus to prevent abuse, and also to make sure that the credit report are accurate and timely.

As for the provision of a banker’s guarantee, we actually went through this in detail and we crafted the legislation to make it as easy for the complainant as possible. Basically, the complainant can make a claim on the guarantee without going to court to prove that there was a default. If there is any excess from the banker’s guarantee, it will be offset against future maintenance payments. Limiting the amount guaranteed to 3 months is a practical move as defaulters may not have enough money on hand for larger sums of maintenance.  Requiring a second guarantee to kick in automatically will pose judicial issues because it may be unfair to the defaulter, especially if there was no court hearing to determine that he had indeed defaulted again. So we had to arrive at an appropriate balance between convenience to the complainant and fairness to the potential defaulter.

In pursuing stronger enforcement, we are also mindful of giving defaulters a fair chance. Hence, credit reports will be updated when defaulters settle their arrears. For defaulters issued with attachments of earnings orders, their employment should not be jeopardized. In other words, I’m telling employers please don’t terminate someone simply because of an attachment of earnings orders against them.  As is the case with any unjust dismissals, individuals should seek recourse through the Ministry of Manpower if they are fired as a result of such orders.

For court-ordered financial counseling for defaulters, as with court orders in general, non-compliance is liable to contempt of court, which carries a potential fine or imprisonment.

Mdm Phua has asked for the courts to extend their hours to 9pm, almost parliamentary time, so as to facilitate working women. As things stand, I think we should acknowledge the incredible hard work that has been committed on the part of the courts to already make significant changes to streamline the current enforcement process by reducing the steps and allowing for filing of complaints through video-link. With regard to operating at night, the Courts have informed us that this may not be practical, as Night Courts deal with essentially regulatory offences in which the offenders almost always plead guilty. If the offender decides not to plead guilty, his case will be heard in the day court. Such maintenance hearings, which often entail Respondents’ and Claimants’ presentations, could be lengthy and there may be insufficient time for such proceedings to be conducted at night.

On Mdm Phua’s suggestion to engage auxiliary police to execute warrants of arrests for defaulters, it may not be feasible to require the errant spouses to bear the costs, as this would inevitably impair their ability to pay maintenance and we don’t want this to result in a reduced amount that is available to the ex-spouse and children.We will continue to study how we can make life more uncomfortable for defaulters but without impacting their ability to pay.

Maintenance Agency

Several members including Mr Kumar, Professor Lateef, Mdm Ho, Ms Lee and Ms Wong have called for the establishment of a dedicated agency on maintenance and they used the analogy of the Tribunal for Maintenance of Parents. But let me reiterate why we’re not prepared to do this yet. First, the family should be the first line of support for individuals. Where that fails, legislation provides for the appropriate sanctions, as decided by the court based on the relative merits of each case. Our preferred approach is to strengthen the existing legal framework, and that’s why we’ve worked on improving and streamlining the court processes, amending the Women’s Charter, so that family members can find it more easy to hold each other accountable. We should let the new measures run in first, measure the impact, before we decide on the next step.

Even the Tribunal for Maintenance of Parents does not enforce maintenance payments.  They may decide on maintenance orders but doesn’t enforce maintenance orders. The Tribunal and Commissioner’s office provides the legal avenue and process for elderly parents to obtain a Maintenance Order. Thereafter, the Maintenance Orders are enforced through the Family Courts using the same procedure and same sanctions as accorded in the Women’s Charter.

Maintenance for Men and Access to Children

Finally, we come to calls for greater parity in the treatment between men and women, in particular in 2 areas, access to children for men, and whether we should change the Women’s Charter into the Family Charter.

Access to children for men

Let me first agree totally with Mr Seah that men should be given fair access to their children by ex-wives. Ex-wives should not use access to children as a bargaining chip for the collection of maintenance. I think as adults we should all recognize that children have a right to both parents, and will almost always benefit from access to both parents. And no matter how ugly the dispute between the adults is, we should not make our children hostage or bargaining chips.

I would like to point out that breaches in access orders are punishable as a contempt of court, which may lead to a fine or imprisonment. Just as we expect the men to pay maintenance arrears, women should also comply fully with the access orders issued by the court.

Maintenance Payment to Men

There are also calls in the name of gender equality for men to be able to claim maintenance from women. Let me put it to you this way: 14 years ago, the Select Committee said we were not ready. I’m afraid at this point in time, the answer is still we’re not ready yet.  I hope it won’t take another 14 years but be assured every time we review the Women’s Charter, this question will arise. Let me tell you why we’re not ready yet.  In terms of both labour force participation rate and incomes today, there is still a gap. The labour force participation rate for women is 55%, compared to 75% for men. I don’t have the figures for income offhand but we all know there is a gap. Secondly, all of us who do the meet-the-people sessions will notice an asymmetry  It is women with children, almost exclusively, who come to us for help because of problems post-divorce or the failure to pay maintenance. The brutal truth is, even today, although we have made much progress, women and children still need protection. Furthermore, we also have to ask ourselves whether we are ready as a society to accept that a woman has the responsibility to support a man, even after a divorce. I think an increasing number of people have come down to the view but I’m not sure outside this House, that the majority has come down to that view. My sense is we will hold the current position but flag this out as an issue to consider for review and certainly the next time round, hopefully as we make further progress we can get to that point.

Similarly, this may not be the time to rename the Women’s Charter as the Family Charter, because the Women’s Charter does not have an exclusive monopoly on family law. An example of another law is the Maintenance of Parents’ Act which is also clearly related to family but it stands alone. If and when we get to the point where we propose a Family Charter,  the Ministry would have to amalgamate all these disparate pieces of law in order to do that.  I don’t think we are ready to do that, and I don’t want to rush into it but I think the roadmap for the future is clear.  

Conclusion

So let me end by saying that the many views expresses both within and outside this House shows that as Singaporeans we still attach great importance to the institution of marriage, to dealing with the tragedy of divorce and to mitigating the impact on the children. These issues are not things which can be easily resolved, and certainly not simply by passing laws.   There is a need to balance many interests – the rights and protection of the ex-husband, ex-wife and their children; the rights of individuals in their marriage and divorce decisions versus making sure that the State’s intervention is appropriate and not excessive; and the need for efficiency in implementation of court order and with rules of natural justice. So I will conclude by saying that this piece of legislation, 50 years old, ground-breaking, continues to evolve.  I think we have made important steps now but this is not the end of it, and there will be further changes in the future. 

Mr Deputy Speaker, I thank you.