During a divorce, negotiations for custody, care, and control of children can become contentious and fraught with emotion.
Yuen Law can advise and represent you in all aspects of custody, care and control of children. If you’re in the midst of a divorce, you can also consult our service section on divorce for more information. We can ensure all your interests are protected in this difficult time.
In determining the best arrangement, the courts mainly look at what is in the best interests of the child. This means the courts would not prioritise the parents’ wishes and likings above the welfare of the child. And the financial ability of either parent does not necessarily confer an advantage when it comes to the child’s custody arrangements.
The difference between custody and care & control
Child custody is quite different from care and control of a child, and needs elaboration.
- Child Custody: Custody grants the custodial parent the authority to make major decisions regarding their child, such as the school to go to, what religion to be in, which healthcare provider for their child.
The courts frequently grant joint custody of children.
- Care and Control: Care and control is the day-to-day matters that ensure that the child is well taken care of: feeding the child, sending the child to school, and ensuring the child gets enough sleep.
Whichever parent gets care and control of the child, the child will live with that parent. Reasonable access is then granted to the parent who is not given the care and control of the child.
In looking at what would be the best interests of the child, the sole custody to a single parent, is typically rarely granted.
Oftentimes, the quantum of access given is a hotly contested issue in a divorce. While both parents generally have different ideas about what is a reasonable quantum of access given to a parent, the Woman’s Charter is silent on how much access should be given, and therefore it is up to the courts to determine what is fair and reasonable. The courts may order Access Evaluation Reports prepared by authorised social workers to help determine what is the quantum of access given.
After access orders are handed down, some parents face the issue of being denied access to the child. If you have such a problem, Yuen Law has extensive experience in this area to help you.
Yuen Law LLC provides assistance in matters concerning custody, care and control of children. Do contact us to make an appointment.
