Before you file, make sure you understand the ways a person can become a guardian of a child.
If you are filing the application, you are the plaintiff.
The other party is the defendant.
Watch the video to find out more about the guardianship of a child in Singapore.
Refer to the following on how to file and serve an application for guardianship.
When to file
Before the child reaches 21 years of age.
When to serve
As soon as possible after you are issued the accepted documents from the court.
How to file
You should prepare the following before you file:
If you are not sure what to say, or need help preparing your OS or affidavit, you should seek independent legal advice.
The courts are not able to provide legal advice or recommend lawyers. Find out where to get help.
Refer to the following for the possible fees for filing your documents. You may also refer to Part 2 of the Fifth Schedule of the Family Justice Rules for the full list of court fees.
In addition to the fees listed in the table, there are also other fees payable to the LawNet and CrimsonLogic Service Bureau.
Item or service
File an OS
File a supporting affidavit
$1 per page. subject to a minimum of $10 per affidavit
Serving the documents on the defendant
(If service is done by a lawyer or a lawyer’s clerk) Contact a lawyer directly to find out their fees.
Refer to the following steps to file and serve your application.
|1. File your application|
The court will accept or reject the filing of your application.
|2. Collect the approved documents|
You will receive a copy of the sealed documents via eLitigation.
|3. Serve documents on the defendant|
The defendant is notified of your application.
You may choose to file your application personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.
If you are representing yourself, you must file the documents through eLitigation at the LawNet & CrimsonLogic Service Bureau.
Your documents will then be submitted to the FJC for review.
The LawNet & CrimsonLogic Service Bureau will notify you via email or SMS of the outcome of your submission. If the court accepts your documents, a copy of the approved documents containing the respective court's seal and registrar's signature will be issued via eLitigation.
You will have to collect the approved documents for service on the defendant from the LawNet & CrimsonLogic Service Bureau.
You must serve the sealed documents on the defendant as soon as possible from the date of issue. This is to alert them that you have filed an application for guardianship of an infant.
You can serve the sealed copies on the defendant by:
What it is
Hard copies of the documents will be handed directly to the defendant by someone authorised to do so such as:
(If a lawyer represents the defendant) Submitting soft copies of the documents to the defendant's lawyer.
The court accepts this form of service only if the defendant's lawyer indicates on the documents that they accept service on behalf of the defendant.
If the defendant wishes to contest your application, they will have to file and serve their reply affidavit on you within 21 days from the date you served the documents on them.
You and the defendant will also need to attend a court session known as a case conference. The date and time of the case conference will be mentioned in the sealed OS.
You do not have to attend the case conference yourself if you have a lawyer. Similarly, if the defendant has a lawyer, their lawyer will attend the case conference.
Refer to Part XIII of the FJC Practice Directions for the general procedure.
You must attend the court session known as a case conference as mentioned in the OS served on you.
If you consent to the application during the case conference, an order will be made and the case will conclude.
If you do not consent to the application, you will have to file and serve your reply affidavit on the plaintiff within 21 days from the date you are served the documents.