To help the Court decide on the extent, scope and limits of the Access, the Court can request for the authorities to prepare a confidential Access Evaluation Report, such as in a situation where the parents disagree with each other on how to manage the Access.
An Access Evaluation Report can help the Court solve disagreements regarding the duration of the Access and whether or not it should be supervised.
The Court will always encourage parents to discuss and agree on a feasible and fair arrangement in terms of the period, location and rules regarding the Access because a mutually agreed arrangement makes the Divorce process smoother and less stressful for both parents and their children.
What types of information and facts influence the Court’s decision on the terms of Access?
In arriving at a decision on the terms of Access, the Court will consider a wide range of issues and factors, including the following:
- What are the needs of the Children?
- What are the preferences of the Children?
- What was the amount of access did the parent without Care and Control previously have with the children?
- How healthy, stable or strong was the relationship between the parent without Care and Control previously have with the children?
- What will be in the best interests of the Children in terms of their welfare and wellbeing? Bearing this in mind, how should the access periods be managed in terms of weekdays, weekends, school holidays, religious occasions, public holidays and birthdays.
After the Court has made a decision on what the terms of Access are, it will issue a Court Order to formalise this. However, there are some occasions where you may encounter difficulty or challenges in exercising your rights to Access, for example if your spouse with Care and Control deliberately makes it difficult or impossible for you to enjoy your rights and time with your children. If this is what you are going through, then you should speak to a Singapore Lawyer experienced in handling Divorce and Family Law matters so that you can understand your rights and plan your next steps in terms of requesting the Court to intervene in directing your spouse to comply with the Access Order and allow you to exercise your Access rights.
So, there you have it, some basic information on: What types of information and facts affect the Court’s decision on the Access?