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Singapore Divorce Lawyer - Lam & Co Blog

For most people, divorce is a rare and scary thing. You simply do not have any previous experience with it and there are many horror stories you have heard from your friends. Lam & Co.'s expert divorce lawyers are focused on sharing information with you to assist you as much as possible in making painless and correct decisions.

YOUR WIFE IS APPLYING FOR A DIVORCE AND SHE WANTS THE CHILDREN. WHAT CAN YOU DO ABOUT IT?

First of all, it is important to understand that the Women's Charter does not say that the children must follow the mother. It says that "the paramount consideration shall be the welfare of the child and subject to this, the court shall have regard to" the parents' wishes and (if the child is able to express an independent opinion) the child's wishes. (Section 125)

Second, crystal clear cut cases are rare. For example, cases where there is clear evidence that the mother has mental issues and is likely to hurt the children or where the mother has been convicted of incest are quite clear cases. However, by their nature, such cases are rare.

Third, in many cases, the Court will give significant weight to certain factors:

Naturally, the age of the child is an important factor.

The party providing a stable environment for the child (leading up to the divorce) is likely to gain a significant advantage. This is because the Court generally wants to preserve the stability already existing around the child (and avoid upsetting the established routine). 

Therefore, Lam & Co. can help you assess who is more likely to get the child in the following situations:

  1. ‚ÄčThe child has just been born and the mother has been breastfeeding the child.
  2. The child is of a young age and the mother has been the primary care giver from birth.
  3. The mother has been busy with her career, leaving not enough time for the child, and the father has been the primary care giver in the period leading up to the divorce.
  4. The paternal grandparents have been the primary caregivers.

This is why it is crucial for you to call Lam & Co. as early as possible. Where appropriate, you can, with our assistance, create a stable environment and routine which is more advantageous to you.

Four, the morality of the mother may or may not come into play. Adultery is primarily a breach of spousal duty, not necessary evidence of being a bad mother. However, evidence that the mother has an unceasing series of sexual partners who she brings home to entertain in front of the child can significantly reduce her chances of getting the child.

Fifth, the Court will take into account all the circumstances of the case including whether either parent has a gambling addiction, (alcohol) drinking addiction, depression or other medical or mental issues, limited (or no) engagement or interest in the child's life, sufficient (or insufficient) time to look after the child, etc.

Sixth, the Court can also take into account the child's independent opinion.
Call Lam & Co. now at 6535 1800 for an assessment of your situation.

About Lam & Co.
We seek to appreciate and understand your situation and put your aims and objective first. We will use our tried and tested Lamnco Method (developed over more than 25 years of successful legal experience) and strive for the best possible outcome for you.

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