Child Access Order Enforcement Amendments effective from 2 January 2025

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Taking effect on 2 January 2025, one of the key legislative changes in the Women’s Charter (Amendment) Act 2022 is the new Enforcement of Child Access Orders (ECAO) regime. This development addresses long-standing co-parenting challenges, preserving the parent-child relationship after divorce while balancing the rights and obligations of care & control and access parents. 

Enforcement of Child Access Orders 

The new Section 126B of the Women’s Charter empowers the Court to impose a range of sanctions in the event of a breach, which includes:  

  • Requiring the defaulting parent to grant additional access to the child to make up for any access denied due to the breach. This thereby deters unilateral restrictions of access;
  • Compensating a non-defaulting parent for any expenses incurred from the breach of child access orders; 
  • Requiring the defaulting parent to execute a bond, to deter repeated breaches of child access orders; 
  • Imposing a fine of not exceeding S$20,000, or imprisonment for a term not exceeding 12 months or both, which are criminal sanctions that underscore the importance that the law places on the child’s relationship with both parents after separation or divorce. 

 

Implications 

For families navigating the complexities of co-parenting during and/or post-divorce, the ECAO regime provides a robust enforcement framework to address breaches of child orders.  

Effective co-parenting is a skill that needs to be learned, and there are community resources that can help divorced parents figure out the nuts and bolts of co-parenting. It can admittedly be difficult to pick up new co-parenting skills while finding one’s feet and rhythm amidst the breakdown of a marriage. Nevertheless, it is our hope that divorcing parents will prioritise their children’s emotional and psychological well-being in the wake of a separation or divorce. The new ECAO regime merely provides hard boundaries by establishing clear consequences for non-compliance with child access orders. 

Moving forward, we are hopeful that these progressive changes will foster a culture of co-parenting, helping children to feel secure and loved by both parents after a separation or divorce. 

If you or a person whom you know is struggling with enforcing child care & control or access orders and would appreciate some guidance, please schedule a Consultation with our lawyers today to explore your options.