Counselling and Psychological Services

When undergoing a divorce, parties with at least one child below 21 years of age are required to attend mediation and counselling. The counselling sessions seek to resolve issues relating to the divorce and care arrangements for the children.

Parties with applications under the Guardianship of Infants Act may also be directed to attend such counselling.

What to expect

Counselling seeks to help parties gain insights and strategies to find better solutions to their disputes in the best interest of their children.

The CFS may facilitate parties to:

• Identify significant issues that are important to the family and children.
• Resolve underlying conflicts.
• Develop skills to manage difficult and painful emotions.
• Communicate effectively in relation to the needs of their children.
• Build a consensus on the interim and future care arrangements for their children.

The children may be invited to attend the counselling sessions, where appropriate. These sessions allow the CFS to better understand the needs of the children and to discuss necessary support with the parties.

The CFS may also:

• Liaise with external professionals who are already supporting the family, where appropriate.
• Refer the family for follow-up support services at Family Service Centres (FSCs) or Divorce Support Specialist Agencies (DSSAs).

All information discussed during counselling sessions are confidential and cannot be used as evidence if a case subsequently proceeds for trial. However, if the parties and their children are assessed to be at imminent risk of harm, the CFS will alert the relevant agencies and persons (such as other family members) to keep the family safe.

The counselling provided by CAPS for divorce and children care arrangements is often part of the FDR Division's mediation and counselling programme.

During the process of application for a personal protection order (PPO) under the Women's Charter or a protective order (PO) under the Vulnerable Adults Act, the court may direct parties to attend counselling or a family conference. The sessions seek to help parties address underlying familial issues and safety concerns.

The Youth Courts deal with the following cases:

• Youth arrest.
• Care and protection for children and young persons.
• Family guidance for children and young persons.

The Youth Courts work in close collaboration with stakeholders such as various government ministries, agencies and professionals. These stakeholders provide relevant recommendations based on the well-being of the children in question.

In cases where parents or families do not agree on the recommendations, the judge may direct the parents or families to attend a family conference facilitated by the CFS.

What to expect

The family conference seeks to help parents and families better understand the issues or concerns that they may have. Relevant stakeholders may also attend the session to provide their professional input on the recommended support for the families.

Depending on the complexity of the issues involved, the family conference may take half a day or more. The judge may direct for follow-up support and order court reviews to monitor the progress of the case, where necessary.

In determining matters relating to the custody, care and control of, or access to children, the court may direct for a child custody evaluation report to be prepared.

The evaluation report is confidential and assists the court in deciding on matters relating to the care arrangements for the children as well as the support recommended for the family.

What to expect

The evaluation process is conducted by a trained evaluator to assess the needs and welfare of the children. As part of the evaluation process, the evaluator takes into consideration the views and inputs of the following parties:

• The parents.
• The children.
• Significant caregivers supporting the children or family.
• Relevant professionals supporting the children or family.
  • Examples of relevant professionals include people from the children's school or Family Service Centres.

The parties are required to attend interview sessions with the evaluators. Observations of family interactions may also be required. Interview sessions with the children are conducted using a range of activities, based on the ages of the children.

A judicial child interview is a process where the judge interviews a child to have an immediate assessment of the child's wishes. The judge may request for a CFS trained in interviewing children to conduct the session jointly.

Refer to:

• Mediation and Counselling in the Family Justice Courts - The Essentials:
  • English  (PDF, 801 KB).
  • Chinese  (PDF, 929 KB).
  • Malay  (PDF, 612 KB).
  • Tamil  (PDF, 2433 KB).
• Mediation handbook (PDF, 505 KB).

Legislation associated with this topic includes:

• The Women's Charter.
• The Family Justice Act.
• The Family Justice Rules.
• The Guardianship of Infants Act.
• The Vulnerable Adults Act.

Refer to Part V of the FJC Practice Directions for alternate dispute resolution.