I want to vary a custody order. What do I need to show?

What the Law Says

The law governing custody variations in Singapore is found in the Guardianship of Infants Act. The court’s power to vary custody orders is rooted in its duty to act in the best interests of the child.

Under section 5 of the Guardianship of Infants Act, the court has the authority to make, vary, or revoke any order relating to the custody, care, and control of an infant — but only if it is satisfied that doing so is in the infant’s welfare.

To succeed in varying an existing custody order, you must demonstrate that there has been a material change in circumstances since the original order was made — and that the proposed variation serves the child’s welfare as the paramount consideration.

The court does not revisit the original decision simply because one parent is dissatisfied. Instead, it focuses on whether new facts or developments significantly affect the child’s well-being and justify a change.

Statutory Text

The court may at any time, on the application of either parent of an infant, make, vary or revoke any order relating to the custody, care and control of the infant, if it is satisfied that it is for the welfare of the infant to do so.

— Guardianship of Infants Act, s. 5 — Power of court to make, vary or revoke orders

What to Do

Sources