How to Apply for Legal Guardianship Singapore

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If you have not appointed a temporary guardian in Singapore, your children may be in the care of the Singaporean authorities until the permanent guardians arrive. Contact us for an appointment if you need additional help with guardianship. While factors such as domestic violence are compelling arguments for the court to grant guardianship to the child, mere allegations of abuse without further justification are unlikely to deter the court from granting this request. This means that your children will usually be placed in foster care. While this is an important part of Singapore`s legal framework, it can be incredibly difficult for children who have just lost their parents to be with strangers. But there are plans you can make now to minimize this time. If you don`t know what to say or need help preparing your operating system or affidavit, you should seek independent legal advice. Parents are not always in the best position to take care of their children. This may be due to incarceration, insufficient income to support the child, or even cases of domestic violence.

In these cases, a parent of the child (i.e. an aunt or grandparent) may apply to the court for custody of the child. Parents and court-appointed guardians may file an application under section 5 of the GIA for custody, access and maintenance of a child. It should be noted that the court strictly enforces the requirement that only parents and guardians appointed by the court can file an application. Distant relatives such as grand-aunts and grandparents cannot make such an application. This can lead to potential conflicts between family members who may disagree with the agreement. The paternal side and the maternal side of the family can fight in court for guardianship of the child. Many parents who move to Singapore with their families carefully plan for almost everything. We take the time to ensure we have quality workplaces that support our children.

We look for the best international schools until we find the ideal solution. And we make a short list of family neighborhoods and weigh the pros and cons of condos and homes until we find a place where we feel at home. What we overlook, however, are worst-case scenarios. Specifically, what happens if you and your partner die and your children are left without parents? It`s a terrible thing to think about, but as a parent, understanding legal guardianship in Singapore is an important issue. Here`s everything you need to know. Permanent guardians may be appointed under a separate will or legal document. It is important that permanent guardians, if they do not live in Singapore, bring all supporting documents when applying to the court for custody of the children (e.g. birth certificates, passports, etc.). In Singapore, if both parents have died within a short period of time, your children will be placed in the care of a designated temporary guardian.

If you have not appointed one, your children will likely be in court custody until a legal guardian can be appointed or your will can be enforced. This document is provided for general information purposes only and does not constitute legal advice. Professional legal advice should be sought before taking or refraining from taking any action based on the contents of this document. Since you currently live in Singapore, it would be beneficial (and reduces the chances of your children being placed in foster care) if you appointed a temporary guardian who currently lives in the country. It is also important that the person you appoint as legal guardian is aware of the decision and has accepted their role. Also note that if your child is an infant and you have appointed two different guardians, the Children`s Guardian Act states that the two guardians act together to provide care until a permanent legal guardian can be found. If you wish to apply to be appointed as a legal guardian of a child, you can do so under the GIA if you live in Singapore. You do not need to be a family member or have a direct relationship with the child or parent. If both parents are deceased and the will does not contain a will or instructions for the appointment of guardians for minor children (21 years and under), any person may apply to the court to be guardian for minor children. If more than 1 person applies for guardianship, the court decides who should be the guardian or they act jointly.

It will be a lengthy process where court-appointed social workers will have to submit a report to the judge for review. Subsequently, the court will grant guardianship with primary consideration for the welfare of the children. It is strongly recommended that you name a testamentary guardian in your will, rather than relying on the appointment of the court in the unfortunate event of your death. This would avoid not only lengthy and costly disputes, but also strained relationships and additional stress for the child. The person applying for guardianship of the child may apply for guardianship. However, it must be shown that it would be in the best and best interests of the child to be awarded to him. While foreign domestic helpers are often an important part of your family that almost everything relies on, they may not make the best choice to be a temporary legal guardian. If their visa is sponsored by their employer and their employer dies, the visa usually becomes invalid and requires them to leave the country. This could compromise their ability to care for your children. Find out about the steps to apply for guardianship, the estimated fees and the documents you need to prepare. Once the court has established permanent legal guardianship (in most cases, the person named in the will is confirmed as being able to care for your children), a guardianship letter is issued.