Singapore

Who gets custody of children on divorce?

Welfare first
Legal principle
No bias
Parental gender
Under 21
Child age limit
Custody types
Joint/sole
The Short Answer

In Singapore, custody of children on divorce is decided by the court based on the child’s welfare as the paramount consideration — not automatically in favour of either parent.

What the Law Says

The Women’s Charter sets out how courts decide child custody during divorce proceedings in Singapore. The law prioritises the child’s welfare above all else — and does not presume custody should go to either parent based on gender or other assumptions.

When parents divorce, the court must decide who will have custody, care and control, and access to their children under 21 years old. The law does not give automatic preference to mothers or fathers.

The court may award sole custody (one parent makes major decisions), joint custody (both parents share decision-making), or split custody (different children placed with different parents) — but only if it serves the child’s best interests.

‘Care and control’ refers to day-to-day parenting — where the child lives and who handles daily routines. ‘Access’ means visitation rights for the non-custodial parent.

Statutory Text

The court shall regard the welfare of the child as the first and paramount consideration.

Women's Charter, s. 125 — Custody of children

What to Do

1

File for divorce and apply for custody orders in the Family Justice Courts.

2

Gather evidence showing your ability to meet the child’s physical, emotional, and educational needs.

3

Attend mandatory mediation at the Family Resolution Chambers before trial.

4

Be prepared to propose a realistic parenting plan covering care, control, access, and major decisions.

5

Seek legal advice early — custody arrangements can be modified later only if there’s a significant change in circumstances.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.