In Singapore, family court orders, such as maintenance, custody, care and control, and access orders, can be varied (changed) when circumstances change significantly after the initial order was made. This ensures that the court order remains fair and reasonable in light of new developments.

This blog post outlines the process and legal requirements for varying a court order in the Singapore Family Court, focusing on key areas like maintenance, custody, care and control, and access to children.


What Can Be Varied?

Family court orders may involve different areas, each with its own specific considerations. Some examples of orders that may be subject to variation include:

  1. Maintenance Orders: Orders for spousal or child maintenance can be varied if there is a significant change in the financial circumstances of either party.
  2. Custody & Care and Control Orders: Custody or care and control arrangements can be altered if there is a significant change in the child’s or parent’s situation, such as relocation or changes in the child’s needs.
  3. Access Orders: These orders determine how often and when a non-custodial parent can see their child. Variations can be sought if the access arrangements are no longer suitable or workable.

Legal Grounds for Varying a Court Order

A court order may only be varied if there has been a material change in circumstances since the initial order was made. This change must be substantial and directly relevant to the order in question.

Some examples of material changes in circumstances include:

  • A significant change in income (loss of job, increase in financial responsibilities).
  • A major change in the child’s needs (health, education, or emotional development).
  • A relocation that affects access or custody arrangements.
  • Changes in living arrangements or lifestyle (such as remarriage or cohabitation with a new partner).

It is important to note that dissatisfaction with the original order or minor changes in circumstances may not be sufficient to justify variation.


Procedure to Vary a Court Order

To apply for a variation of a court order, the applicant must follow these steps:

Step 1: Filing the Application

The first step is to file a formal application for the variation of the court order with the Family Justice Courts. This application must include:

  • Summons for Variation: This is the formal document requesting the change.
  • Supporting Affidavit: This is a sworn statement setting out the reasons for the requested variation, including details of the material change in circumstances. Evidence such as financial documents, medical reports, or any other relevant materials should be attached.

The application is typically filed in the same Family Justice Court that issued the original order.

Step 2: Serving the Application

After filing, the applicant must serve (deliver) the application and affidavit to the other party (respondent). This ensures that the other party is aware of the request for variation and has an opportunity to respond.

The court may require the service of documents by personal delivery (personally serve on the respondent) or by other forms of communication (the latter require a separate application and approval from the Courts).

Step 3: Responding to the Application

The respondent has the right to oppose the application by filing an affidavit in reply, which sets out reasons for opposing the variation. If the respondent agrees with the variation, the process will be expedited using a by consent agreement to be signed by the respondent before a Commissioner for Oaths.

Step 4: Hearing

If the application is contested, the Family Court will set a mediation or hearing date. Both parties will be required to attend the mediation and only your lawyers attend the hearing, where each side can present their arguments and evidence.

During the hearing, the judge will evaluate whether there has been a material change in circumstances that justifies varying the original order. If satisfied, the court will make an appropriate variation order.

If the application is uncontested, the judge may make a decision based on the documents submitted without a full hearing.


Legal Framework Under Singapore Law

The variation of court orders in family matters in Singapore is governed by several key statutes:

1. Women’s Charter 1961

Under the Women’s Charter 1961, the court has the power to vary orders relating to maintenance of the spouse and children. Section 118 of the Women’s Charter allows a party to apply for a variation of a maintenance order when there is a material change in circumstances.

2. Guardianship of Infants Act 1934

The Guardianship of Infants Act 1934 provides the legal framework for child custody and access orders. Section 5 of the Act allows the court to vary custody or access orders if there has been a change in circumstances affecting the child’s welfare.

3. Family Justice Rules 2014

The Family Justice Rules 2014 outline the procedural requirements for applications to vary court orders. These rules govern the filing of documents, timelines, and hearing procedures, ensuring a structured approach to family law proceedings.


Important Considerations

When applying for a variation of a court order, there are several key factors to keep in mind:

  • Burden of Proof: The applicant bears the burden of proving that there has been a material change in circumstances. The court will not vary an order lightly, so strong evidence is necessary.
  • Best Interests of the Child: For matters involving custody, care and control or access, the court’s paramount concern will always be the best interests of the child. Any variation must benefit the child’s welfare, not the convenience of the parents.
  • Legal Representation: While it is possible to apply for a variation without a lawyer, legal advice is highly recommended. Family law is complex, and an experienced lawyer can help present a strong case to the court.

Conclusion

The process of varying a court order in Singapore is designed to address significant changes in circumstances that arise after the original order is made. Whether it involves maintenance, custody, or access, the court aims to ensure fairness and protect the welfare of the parties involved.

If you believe that there has been a material change in circumstances affecting your family court order, it is advisable to seek legal advice before proceeding with an application. A well-prepared application supported by strong evidence will increase your chances of success.

Our lawyers are experienced with variation of court orders. Contact us at 8780-2499 to speak to our lawyers.

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Legal notice: Lee Yuan Yu and Chen Yiyang are lawyers practising with YY Lee & Associates LLC since 20 January 2022. YY Lee & Associates LLC is a Singapore law practice under the Legal Profession Act. We are regulated by the Law Society of Singapore and the Legal Services Regulatory Authority.