It is important to try to understand the judge's way of thinking about care and control.
Child(ren)'s welfare paramount consideration
Under the Women's Charter, when the judge makes any decision that is related to the child(ren), the judge is required to make the child(ren)'s welfare the paramount consideration.
This means that the judge must treat the child(ren)'s welfare as the most important factor when making any decision that is related to the child(ren).
Stable household and primary caregiver
Often, the judge will emphasize providing a stable household for the child(ren).
This, in turn, usually means that the judge will grant care and control of the child(ren) to the party who was the primary care giver during the marriage -- provided, of course, the child(ren) has (have) been well take care of by the primary care giver.
Thus, a full-time housewife who does not have a domestic helper, who is there all the time for the child(ren), closely supervising the child(ren) and where the child(ren) is (are) healthy and doing well in school is much more likely to get care and control than a parent who is none of the above.
Increasing your chances
Depending on your situation, you may be able to increase your chances of getting care and control over your child(ren) by:
-keeping a diary (a pen and paper one, not an electronic one).
In it, you should record when you get up and go to bed and how you spend your time with the child(ren).You should also record when your spouse gets up and goes to bed and how he or she spends time with the child(ren).
Naturally, such a diary will help your case if you are the primary care giver.Otherwise, it may assist your spouse's claim for care and control.Thus, care should be exercised in keeping such a diary.
-taking photos and/or videos every single day.
These can record your interactions with your child(ren) and help prove that you are the primary care giver.There is no need to wait for a special occasion like a birthday or public holiday to take photos or videos.
The above is not legal advice and should not be taken as such.
Call 6535 1800 now for a No Obligation discussion.
Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.
We can help by addressing your questions and speaking about how to move forward.