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Old 28-07-2005, 10:32 AM
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Re: All you need to know about "Marriage/Divorce" under the SG Law

Now On Children

This section sets out the legal principles that are applicable when the Family Court deals with applications involving the custody of and access to children. Such applications can be heard under Part X of the Women's Charter or the Guardianship of Infants Act. These principles apply to both Muslim as well as non-Muslim parties. However, Muslim parties should refer to questions 27-29 on when the Family Court can deal with custody cases involving Muslim parties.


My spouse/partner has left home with my children. I want my children back or at the least, a chance to see my children from time to time. What can I do?

You can apply to the Family Court for an order that the children be returned to you and that you be given the custody and/or care and control of the children, if you wish to have the children living with you. If you want to have contact with the children from time to time, you can apply for an access order, that is, an order to allow you to see the children. To apply for custody or access, you can:

(a) file an originating summons under the Guardianship of Infants Act; or
(b) include a 'prayer' or application for custody of or access to the children in the Divorce Petition if divorce is contemplated.
If legal proceedings have already been commenced, and an immediate order is required, you can also file a Summons-in-Chambers for interim custody and access.
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