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Old 28-07-2005, 11:21 AM
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Re: All you need to know about "Marriage/Divorce" under the SG Law

Will my children be able to give their views to the Court? Will they have to come to Court to speak to the judge?

here are two kinds of "judges" in court that your children can give their views to. One is the hearing judge, who will decide the children's issues for you and your spouse. The other is the court mediator, who will not make any decision in the matter, but who will (if you and your spouse agree to attend mediation) help you to settle the matter without going for a court hearing.

There are a number of ways in which your children can give their views to the hearing judge. Some examples are set out below:

(a) The court may order that the Ministry of Community Development and Sports ("MCDS") do a Social Welfare Report on the children or order the Family Court counsellor to do a Custody or Access Evaluation Report. The court may also appoint a Court Appointed Counsel to interview the child and represent his best interest.

(b) The judge may decide to speak to the children at the court hearing. Neither you or your spouse will be present at this interview, and what your children say to the judge during this interview is confidential. You should not ask your children what they said to the judge.

he court mediator will usually not speak to your children directly, though he may decide to do so. More commonly, he will send your children to speak to a court counsellor, to whom they can express their views. These views will then be communicated by the court counsellor to the court mediator (but not to the hearing judge). The court mediator will suggest ways in which you and your spouse can settle the children's issues amicably, based on his knowledge of your children's views, but he will not tell you exactly what your children have told the court counsellor.
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