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In this section:

Role of the Family Justice Courts

The Family Justice Courts (FJC) are part of the court system in Singapore that upholds the law and ensures justice is accessible to all. They have judicial power to hear family-related cases that involve legal issues within the family, such as divorce, probate, maintenance and family violence, among other cases. They also deal with the care and treatment of young persons.

The FJC operate based on the principles of therapeutic justice. This is a multi-disciplinary approach that applies insights from psychology and social science research for more holistic outcomes.

View the vision, mission and values of the FJC.

Type of courts in the Family Justice Courts

The FJC comprise the following courts:

  • Family Courts.
  • Youth Courts.
  • Family Division of the High Court.

Jurisdiction: what the courts can hear

The courts that form the FJC deal with the following types of cases:

Family Courts

Family-related cases including:

  • Divorce.
  • Probate and administration.
  • Maintenance
  • Protection against family violence.
  • Deputyship.
  • Adoption.
  • Protection for vulnerable adults.
  • Guardianship.
  • International child abduction.

Youth Courts

The following cases under the Children and Young Persons Act 1993:

  • Family guidance.
  • Care and protection.
  • Youth arrest (criminal cases involving youth offenders).

Find out more about the Youth Courts' approach.

Family Division of the High Court

 

Cases that are heard in the General Division of the High Court (Family Division) include:

  • Family proceedings (such as for ancillary matters) involving assets of $5 million or more.
  • Probate matters where the value of the deceased's estate is more than $5 million or if the case involves resealing of a foreign grant.
  • Appeals against decisions of the Family Courts or Youth Courts.
  • Cases involving important questions of law or test cases.
  • Cases that the High Court or a Family Court determines should be heard in the High Court (Family Division) for any other sufficient reason.

The Youth Courts' approach

The Youth Courts prioritise the welfare and best interests of children and young persons as the first and paramount consideration. The emphasis is on identifying and preventing crime, delinquency and abuse through early intervention, assistance and care.

A “whole of community” approach, involving multiple stakeholders within the courts and beyond the courts working in concert, will support a child or young person involved in Youth Courts proceedings. This facilitates a multi-disciplinary approach that brings together the legal, social science, therapeutic and other relevant expertise of multiple stakeholders to resolve complex needs and issues of the child, young person and his or her family, and may involve court reviews to monitor the child’s or young person’s progress.

In suitable cases, the Youth Courts may order a child or young person to be removed from undesirable surroundings and make provisions for his or her education and training. There is also protection for children and young persons who face parental neglect.

Within the courts

Judges in the Youth Courts will discuss cases concerning children or young persons with advisers on the Panel of Advisers and court family specialists.

  • Advisers on the Panel of Advisers: These are individuals and professionals in the community who have vast experience working with children and young persons, and are appointed by the President on the recommendation of the Ministry of Social and Family Development (MSF). A panel adviser's role is to advise the judge on the appropriate orders to make for the child or young person.
  • Court family specialists: These specialists from the Counselling and Psychological Services (CAPS) provide expertise in psycho-legal and social science issues relevant to the cases discussed. They also facilitate family conferences and care conferences, when directed by the judge, to address concerns relating to the child or young person and the family, as well as specific issues relevant to the rehabilitation and restoration of the child or young person to the community.

Beyond the courts

The Youth Courts collaborate closely with various agencies, stakeholders and professionals such as the MSF, Ministry of Education (MOE), Ministry of Home Affairs (MHA), social workers, psychologists and counsellors.

The Youth Courts will also issue appropriate orders that will bring about a more sustained change for the betterment of families, including ordering relevant parties in the family of the affected child or young person to undergo mediation or counselling, or to participate in family support programmes by relevant organisations such as the MSF.

The court may order court reviews for youth arrest or family guidance cases where there is considerable uncertainty as to how the child or young person will respond to the court orders. A court review may be ordered, for example, if the child or young person and his or her family are expected to undergo major transitions in the coming months, or if the child or young person had committed a serious offence but was granted probation or supervision to give the child or young person a chance to demonstrate positive change in behaviour.

Besides regular court reviews, the court may order children or young persons in suitable cases to present their progress to the court. The child or young person plays a more active role and must take full ownership for the review of his or her own behaviour. This is referred to as a progress presentation review.

Court reviews may also be ordered for selected child protection cases, to check one or more of the following:

  • Whether the child or young person involved is still in need of care and protection.
  • Whether the existing orders should continue, or be varied or extended.

Therapeutic Justice (TJ) in the Youth Courts 

TJ in the Youth Courts is about helping a child or young person who needs guidance, protection and/or rehabilitation move towards his or her best possible future through appropriate interventions. It involves a judge-led process where the court, the Panel of Advisers, the child or young person, the parents or guardian of the child or young person, and stakeholders in the youth justice eco-system, come together to find appropriate solutions for the child or young person within the framework of the law.

Restorative justice in cases involving youth offenders

Restorative justice in the Youth Courts recognises the potential for change and reform in youth offenders. Restorative justice seeks to reintegrate the youth offender into his or her family and the community. It also seeks to balance the need for effective deterrence with rehabilitation and restoration.


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