- Since 1 July 2024, parents with a child under 21 must complete the Mandatory Co-Parenting Programme, whatever fact they rely on and whichever track the case takes.
- The certificate of completion is filed together with the divorce application.
- Divorcing parents with a child under 21 are generally required to attend mediation and counselling at the Family Justice Courts, at no cost.
- A mediator helps the spouses negotiate but does not decide the case. An agreement reached can be recorded as a court order.
- If mediation does not settle everything, the court decides the issues that remain.
Who must attend the programme
The Mandatory Co-Parenting Programme is for divorcing parents who have at least one child under 21. Since 1 July 2024, it applies to every divorce with such a child, whichever fact for divorce is relied on and whether the case is on the simplified or normal track. It covers both parents.
The parent filing for divorce must complete the programme first. A certificate of completion is issued at the end, and it is filed with the divorce application.
What the programme involves
The programme is run through the Ministry of Social and Family Development. Parents meet a counsellor to talk through how the divorce will affect their children and how to make decisions that put the children's wellbeing first. The aim is to prepare both parents to work together as co-parents after the divorce.
The programme ties in with the parenting plan, which sets out the proposed arrangements for the children and is given to the court as part of the divorce.
Mediation and counselling at the Family Justice Courts
Separately from the programme, divorcing parents with a child under 21 are generally required to attend mediation and counselling sessions run by the Family Justice Courts. The parties are sent formal notice to attend, and there is no charge.
These sessions focus first on the children: custody, care and control, access and child maintenance. The idea is that once arrangements for the children are settled, the parents are often better placed to resolve the financial issues too. Sessions are run by mediators, who may be judges, working alongside family counsellors where needed.
What a mediator does and does not do
A mediator guides the discussion and helps the spouses look for solutions they can both accept. The mediator does not make decisions for either side and does not take over the role of the judge. Lawyers can usually attend mediation with their clients to advise them.
If the spouses reach agreement, it can be recorded as an order of court, which then binds both of them. If they do not agree on some or all issues, those issues go back into the court process to be decided. Even then, mediation often narrows what is left in dispute.
When the court directs mediation or counselling
Apart from the cases where mediation is required, the court has power to direct spouses to attend mediation, counselling or family support programmes. In a contested case, the judge may give such directions at a case conference. In a divorce by mutual agreement, the court can send the couple to these services if it thinks reconciliation may still be possible. Mediation can take place at either stage of the divorce.
Mediation outside the court
Couples can also choose private mediation, which they pay for themselves. The Singapore Mediation Centre offers a family mediation scheme, as well as Collaborative Family Practice, which takes place before any court case is started and aims to help the spouses negotiate an agreement without litigation.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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