Forum: Family justice laws, court processes not biased against men

58 per cent of 6,320 divorcing couples chose the simplified track to divorce in 2019. PHOTO: PEXELS

Mr Ian Chan Eng Kiat identified areas in Singapore's family justice framework which require changes (Family justice framework can be enhanced, May 27). But the examples he cites may not necessarily represent the current workings of the law or advance the interests of estranged couples and their children.

He advocates that "trained counsellors" and "family therapists" be the "first responders" in a divorce. But parties do not hastily terminate their marriage, especially when they have children.

Divorce is usually a last resort. Counselling helps only when parties have the will to keep the marriage alive. While we can bring the horse to the water, we cannot make it drink.

Mr Chan believes that the Women's Charter and court processes should be reformed to better protect the interests of Singaporean men in terms of child custody, access, spousal and children maintenance and housing options.

The child's welfare is the paramount consideration in any divorce proceedings. It is not a given that the courts will always award mothers with custody and physical care and control orders.

If the court is convinced that the mother is unfit for parental duties, it would award custody to the father. Parents who are denied access can take out contempt of court proceedings.

The current laws on spousal maintenance are not biased against men. The employment status of the woman will not go unnoticed. And thanks to recent amendments to the Women's Charter, women must now pay maintenance to their former husbands if they are found to be ill or disabled.

As we strive to improve our family justice system, let us take great care, too, in not throwing the baby out with the bathwater.

Faisal Maricar

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A version of this article appeared in the print edition of The Straits Times on May 29, 2020, with the headline Forum: Family justice laws, court processes not biased against men. Subscribe