Maintaining a relationship with your child after a divorce is crucial for both the child’s well-being and your own. However, when an ex-spouse denies access to your child, it can be emotionally distressing and may even require legal action. This article provides an overview of the law on access to children following a divorce in Singapore, the two types of access orders, and the steps to take for enforcement. We will also discuss alternative steps such as applying for shared care and control of the child, and filing for contempt of court in more extreme cases.
Law on Access to Children Following a Divorce in Singapore
In Singapore, the legal framework governing child custody and access rights after a divorce prioritises the best interests of the child. The court will consider factors such as the child’s emotional and psychological well-being, the parents’ caregiving abilities, and the existing relationships between the parents and the child when deciding on custody and access arrangements.
Types of Access Orders in Singapore
There are two main types of access orders in Singapore:
- Supervised Access: This order is used when the court deems it necessary to protect the child’s welfare. This arrangement involves a third party or a supervised setting to ensure the child’s safety during visits.
If your ex-spouse violates an access order, you can take legal action to enforce it. However before that,
- Attempt mediation or negotiation with the ex-spouse to resolve the issue amicably.
- Consult with a family lawyer, like Amarjit Sidhu Law Corporation, to understand your rights and available options.
Alternative Steps
Applying for Shared Care and Control: If reasonable access is consistently denied, you can apply for shared care and control of the child. This arrangement allows both parents to be actively involved in the child’s life, with the child spending significant time with each parent.
Filing for Contempt of Court: In more extreme cases where the ex-spouse continually disregards the court’s access orders, you can file for contempt of court. This legal action may result in penalties for the non-compliant parent, such as fines or imprisonment.
Engaging a Lawyer
Understanding the laws on access to children following a divorce in Singapore, the types of access orders (supervised and unsupervised), and the enforcement options is crucial when faced with a non-cooperative ex-spouse. If you do not have adequate knowledge about your case and legal procedures, it’s always best to consult a lawyer for guidance and representation.
Mr. Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years, from traffic offences and high-profile criminal cases to family and divorce matters. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr. Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.
What happens when you encounter a police spot check?
Police spot checks are a common occurrence in Singapore, with officers conducting checks on the MRT, on the roads, and in neighbourhoods. These checks serve various purposes, such as maintaining public safety, enforcing traffic laws, and crime prevention. However, they can be an intimidating experience for some, especially if you are unsure of what to do or what your rights are. In this article, we will discuss what you should do when you encounter a police spot check in Singapore.
Identifying a Legitimate Officer and Purpose
The first step is to determine whether the officer is legitimate or not. All police officers in Singapore wear uniforms and carry Singapore Police Force Warrant Cards. If you are unsure if the person who is conducting the check is a legitimate officer, you can ask to see their identification card. If the officer is in plainclothes, they should produce their warrant card upon request. A genuine warrant card will have identification features such as the police crest and the holographic word “POLICE” below the photo of the police officer.
Next, you should understand the purpose of the spot check. The officer will inform you of the reason for the spot check and what they are checking for. For example, if you are stopped at a roadblock, the officer may be looking for intoxicated drivers or illegal vehicle modifications and defects. Roadblocks are set up at various locations around the island, usually overnight, to intercept vehicles and drivers who may be committing offences.
Police Officers on Public Transport
The Public Transport Security Command, also known as TransCom, is a specialised police unit of the Singapore Police Force (SPF) responsible for public transport security, which includes enforcing rules and regulations on the MRT and other public transport modes. When conducting spot checks on the MRT, the officers may board the train and ask passengers to produce their identification card for inspection. They may also ask you why you’re there or where you intend to go.
It is important to note that security screenings are also conducted at MRT stations to prevent prohibited items from being brought onto the trains. TransCom officers may request to inspect your belongings or conduct a body search if they suspect that you are carrying prohibited items.
It is advisable to comply with the police officers’ demands, as failure to do so may constitute an offence, and you may be liable on conviction to a fine up to $2,000 or to imprisonment for a term up to 12 months, or to both.
What to Expect at a Roadblock
If you’re on the road as a driver or pedestrian during a roadblock, police officers are legally empowered to:
- Instruct drivers to proceed towards the barrier and stop their vehicles at or near the barrier;
- Instruct drivers to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed;
- Instruct pedestrians to proceed towards the barrier and stop at, or near the barrier;
- Instruct pedestrians to remain in place until permitted by a police officer to continue.
When you encounter a roadblock, the officer will ask for your identification card and the vehicle’s registration documents. They may also ask about your destination, where you are coming from, and whether you have consumed any alcohol. The officer may also check your vehicle’s condition, such as the lights, tyres, and brakes, to ensure that it is roadworthy with no illegal modifications. If the officer suspects you are intoxicated, he or she may administer a breathalyser or a field sobriety test.
Failure to comply with any of the above is also an offence, and the police officer has the legal authority to arrest you without a warrant. You may face a fine, a prison sentence, or both. Drivers will face fines of up to $10,000 and/or imprisonment for up to seven years. Pedestrians will face fines of up to $2,500 and/or imprisonment for up to three months.
What to Do If You Encounter an Imposter
If you suspect that the person conducting the spot check is an imposter, you should inform the police immediately. You can ask to see their identification card or warrant card, and if they are unable to produce it, you should call the police hotline at 999 or approach a nearby police officer for assistance. Do not attempt to confront the imposter or take matters into your own hands.
In conclusion, encountering a police spot check in Singapore can be a routine experience, but it may also be intimidating for some. By understanding the purpose of the spot check and complying with their instructions, you can ensure a smooth and safe experience. If you encounter an imposter, do not hesitate to inform the police. If you have any questions or concerns about police spot checks, please feel free to contact us at Amarjit Sidhu Law Corporation.
Engaging a Lawyer
As experienced legal professionals, we can provide you with the best advice for your situation, and help guide you through any legal process and court orders.
Mr. Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years, from serious offences and high-profile criminal cases to family, and divorce matters. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr. Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.
What is a Gag Order and whose identity can be protected?
In Singapore, a Gag Order is a court order that prohibits the publication of any information that might identify a person involved in a criminal case. A gag order is used to protect the identity of the accused or other parties involved in the case, especially if revealing their identity would jeopardise their right to a fair trial or cause them harm. In this article, we will discuss the effects of a gag order, how it can be obtained, and who can be protected by it.
The Gag Order’s Effects
A gag order prevents the publication of any information that might identify a person involved in a criminal case. This includes their name, address, occupation, photograph, and any other details that might reveal their identity. The order applies to all forms of media, including newspapers, television, radio, and social media.
A gag order can be obtained by any party involved in a criminal case, including the prosecution, defence, or even the judge. To obtain a gag order, the party must apply to the court and show that the disclosure of the information might prejudice the right to a fair trial or cause harm to the person involved.
A gag order can also be applied to public court proceedings if the disclosure of the information might prejudice the right to a fair trial or cause harm to the person involved. However, the court must balance the public’s right to know with the person’s right to privacy and a fair trial.
Can the Accused Also Get the Gag Order?
Yes, the accused can also apply for a gag order if they believe that the publication of their identity might prejudice their right to a fair trial or cause them harm. However, the court will consider whether the public’s right to know outweighs the accused’s right to privacy and a fair trial.
Apart from protecting the identity of the accused or other parties involved in a criminal case, gag orders can also be used to protect the identity of witnesses or victims of certain crimes, such as sexual offences or terrorism.
Punishments for Breaching a Gag Order
If you violate a gag order issued by the State Courts, such as by posting a photograph of a witness in a trial onto a social media platform like Facebook, you could face a $5,000 fine, a 12-month prison sentence, or both.
Breaching a gag order issued by the High Court, whether by its General Division, Appellate Division, or Court of Appeal, could result in a $5,000 fine, three years in prison, or both.
When Can a Gag Order Be Lifted?
A gag order can be lifted if the court is satisfied that it is no longer necessary to protect the person’s identity or if the circumstances have changed. The court may also lift the gag order if it is satisfied that the public’s right to know outweighs the person’s right to privacy and a fair trial. The court may also impose conditions on the lifting of the gag order, such as allowing the publication of only certain information or limiting the circulation of the publication.
In conclusion, gag orders in Singapore are used to protect the identity of the accused, witnesses, or victims of certain crimes. They can be obtained by any party involved in a criminal case and can apply to both public and non-public court proceedings. Breaching a gag order is a crime with serious consequences, including fines and imprisonment. If you have any questions or concerns about gag orders, please feel free to contact us at Amarjit Sidhu Law Corporation.
Engaging a Lawyer
If you would like to know more about your rights or have any issues specific to the various court orders in Singapore, you should consult a lawyer, who will be able to guide you through your options.
Mr. Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years, from traffic offences and high-profile criminal cases to family and divorce matters. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr. Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.
