PART 5 | Division 1 — Administration |
| Registry of Family Justice Courts |
36.—(1) There shall be an office of the Family Justice Courts called the Registry of the Family Justice Courts, comprising such departments as the Presiding Judge of the Family Justice Courts, with the concurrence of the Chief Justice, may from time to time determine.| (2) The Registry is under the control and supervision of the registrar of the Family Justice Courts. |
| (3) The Registry is open on every day of the year except on Saturdays, Sundays and public holidays. |
(4) Despite subsection (3), a Registrar may lawfully sit or carry out the business of the Registry on a Saturday, Sunday or public holiday if —| (a) | the Presiding Judge of the Family Justice Courts, with the concurrence of the Chief Justice, has directed the Registrar to do so on that day; or | | (b) | in the Registrar’s opinion, the business to be despatched is extremely urgent. |
|
| (5) The office hours of the Registry are such times as the Presiding Judge of the Family Justice Courts, with the concurrence of the Chief Justice, may from time to time direct. |
|
| 37. The distribution of business in the Family Justice Courts must be made in accordance with such directions, which may be of a general or a particular nature, as may be given, with the concurrence of the Chief Justice, by the Presiding Judge of the Family Justice Courts. |
| Vacations for Family Courts |
| 38. The Chief Justice may authorise vacations for Family Courts not exceeding 15 days in any calendar year. |
39.—(1) The registrar of the Family Justice Courts may publish a list of persons proved to his or her satisfaction, by evidence of general repute or otherwise, to act as touts or unauthorised advisers to suitors or other persons, and may alter and amend the list.| (2) The registrar of the Family Justice Courts may, by general or special order, exclude from the precincts of the Family Justice Courts any person whose name is included in the list, except when that person is a party to or a witness in any proceedings in a Family Justice Court, when he or she is allowed to remain for such time as is necessary. |
| (3) A person’s name must not be included in the list until he or she has been heard or had an opportunity of being heard against such inclusion. |
| (4) An appeal lies to a Judge of the Family Division of the High Court in chambers from an order made by the registrar of the Family Justice Courts to include a person’s name in the list. |
| (5) The decision of the Judge of the Family Division of the High Court is final. |
| (6) A copy of the list must be kept hung up in the Registry of the Family Justice Courts and must be published in the Gazette. |
| (7) A person whose name appears in the list of touts under section 73 of the Supreme Court of Judicature Act 1969, or the list of touts under section 62 of the State Courts Act 1970, is deemed to be included in the list under this section, and vice versa. |
|
40.—(1) A Family Court or Youth Court may order any document produced before it in any proceedings to be impounded.| (2) The document which has been impounded must not be delivered out of the custody of the Family Court or Youth Court or inspected except on an order signed by a judicial officer. |
| (3) The Family Court or Youth Court that impounded the document may direct the document to be sent to the Attorney-General, the Commissioner of Stamp Duties or any other officer of the Government. |
|
| Division 2 — Disabilities and protection of officers |
| Disqualification of judicial officers |
41.—(1) Except with the approval of the Chief Justice, a judicial officer —| (a) | shall not be capable of —| (i) | accepting or taking any other office of emolument; or | | (ii) | carrying on any business either directly or indirectly; and |
| | (b) | must not accept any fees of office, perquisites, emoluments or advantages, other than his or her salary and allowances. |
(2) Without limiting subsection (1), a judicial officer may, with the approval of the Chief Justice —| (a) | be appointed to any commission of inquiry, committee of inquiry or other judicial, quasi-judicial or administrative tribunal, or hold any office in any institution or society for charitable purposes or for the advancement or encouragement of art, science, education or other knowledge; and | | (b) | receive an allowance or other honorarium in respect of that appointment or office. |
|
|
| Judicial officers not to act where interested |
| 42. A judicial officer must not, except with the approval of the Chief Justice and with the consent of the parties, investigate, try or commit for trial any proceedings to which he or she is a party or in which he or she is personally interested. |
| Officers not to bid at sales under any written law |
| 43. Any officer of the Family Justice Courts having any duty to perform in connection with the sale of any property under any written law must not, directly or indirectly, purchase or bid for the property. |
44.—(1) Without affecting any written law and rules governing the conduct and discipline of public officers, if any officer of the Family Justice Courts is charged —| (a) | with extortion or misconduct while acting under colour of the process of the Family Justice Courts; or | | (b) | with not duly paying or accounting for any money levied by him or her under the authority of this Act, the Supreme Court of Judicature Act 1969, the Family Justice Rules or the Rules of Court, |
| it is lawful for a District Judge designated as a judge of the Family Court or judge of the Youth Court, and nominated by the Presiding Judge of the Family Justice Courts, to inquire into the matter in a summary manner. |
| (2) For the purpose of any such inquiry, the District Judge may summon and enforce the attendance of all necessary parties in the like manner as the attendance of witnesses in any case may be enforced. |
| (3) On any such inquiry, the District Judge may make such order as he or she thinks just for the repayment of the money extorted or the due payment of the money levied, and for the payment of damages and costs, and also, if he or she thinks fit, may impose such fine upon the officer, not exceeding $100 for each offence, as appears to the District Judge to be adequate. |
| (4) If it is found by the District Judge that any officer, while employed in carrying out the officer’s duties under this Act, the Supreme Court of Judicature Act 1969, the Family Justice Rules or the Rules of Court or in exercising any of the powers thereof, has wilfully and corruptly exacted or accepted any fee or reward, other than such fees as are for the time being allowed under this Act, the Supreme Court of Judicature Act 1969, the Family Justice Rules or the Rules of Court, that officer shall, in addition to being liable for damages under subsection (3), be incapable of being an officer of the Family Justice Courts. |
| (5) An appeal lies to the Chief Justice from an order made by the District Judge under this section. |
| (6) The decision of the Chief Justice is final. |
|
| Protection of judicial and other officers |
45.—(1) A judicial officer shall not be liable to be sued for any act done by him or her in the discharge of his or her judicial duty whether or not within the limits of his or her jurisdiction, provided that he or she at the time in good faith believed himself or herself to have jurisdiction to do or order the act complained of.| (2) No officer of the Family Justice Courts charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the court shall be liable to be sued for the execution of or attempting to execute such writ, summons, warrant, order, notice or other mandatory process, or in respect of any damage caused to any property in effecting or attempting to effect execution, unless he or she knowingly acted in excess of the authority conferred upon him or her by such writ, summons, warrant, order, notice or other mandatory process of the court. |
| (3) An officer of the Family Justice Courts is not to be deemed to have acted knowingly in excess of his or her authority merely by reason of the existence of a dispute as to the ownership of any property seized under any enforcement order or writ of distress. [Act 25 of 2021 wef 15/10/2024] |
(4) No judicial officer, officer of the Family Justice Courts or court‑appointed mediator shall be liable to be sued for an act done by him or her for the purposes of any court proceedings, or any mediation or other alternative dispute resolution process conducted by him or her, in the Family Division of the High Court, a Family Court or a Youth Court, if the act —| (a) | was done in good faith; and | | (b) | did not involve any fraud or wilful misconduct on his or her part. |
|
(5) A child representative appointed to represent the interests of a child in any proceedings involving the child, or the custody and welfare of the child, shall not be liable to be sued for an act done by the child representative for the purposes of those proceedings, or any mediation or other alternative dispute resolution process related to those proceedings, if the act —| (a) | was done in good faith; and | | (b) | did not involve any fraud or wilful misconduct on the part of the child representative. [16/2016] |
|
(6) Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional is appointed by a Family Court to examine and assess a child or person for the purposes of preparing expert evidence for use in any proceedings involving the custody or welfare of that child or involving that person (as the case may be), the registered medical practitioner, psychologist, counsellor, social worker or mental health professional (as the case may be) shall not be liable to be sued for an act done by him or her for the purposes of the examination or assessment, or the preparation of the expert evidence for use in those proceedings, if the act —| (a) | was done in good faith; and | | (b) | did not involve any fraud or wilful misconduct on his or her part. [16/2016] |
|
(7) A person who provides advice to a Family Justice Court under section 11A of the Guardianship of Infants Act 1934, section 12 of the International Child Abduction Act 2010, section 130 of the Women’s Charter 1961 or any other written law as the Minister may by order in the Gazette prescribe, shall not be liable to be sued for any advice so provided on or after the appointed date (including in the form of a report) or any act done on or after that date by that person for the purposes or in the course of providing the advice (including in the form of a report), if —| (a) | the advice was provided, or the act was done, in good faith; and | | (b) | the advice or act did not involve any fraud or wilful misconduct on his or her part. [Act 18 of 2023 wef 31/01/2024] |
|
(8) A parenting coordinator appointed by a Family Justice Court to conduct a parenting coordination programme shall not be liable to be sued for any act done on or after the appointed date by the parenting coordinator for the purposes of the parenting coordination programme, if the act —| (a) | was done in good faith; and | | (b) | did not involve any fraud or wilful misconduct on his or her part. [Act 18 of 2023 wef 31/01/2024] |
|
(9) A person (called a referrer) who, at the request of a Family Justice Court, refers any party to the proceedings or any child involved in or whose custody or welfare is involved in the proceedings for any professional clinical or therapeutic intervention, shall not be liable to be sued for any act done on or after the appointed date by the referrer for the purposes of the referral, if the act —| (a) | was done in good faith; and | | (b) | did not involve any fraud or wilful misconduct on the part of the referrer. [Act 18 of 2023 wef 31/01/2024] |
|
(10) In this section —“appointed date” means —| (a) | in the case of a person who provides advice to a Family Justice Court under any written law prescribed by order in the Gazette for the purposes of subsection (7) — the date prescribed by that order, being a date not earlier than the date of that order; or | | (b) | in any other case — the date of commencement of section 11 of the Family Justice Reform Act 2023; |
|
| “parenting coordination programme” means a family support programme for the purpose of addressing or resolving any disagreement about any parenting matter between spouses or former spouses, arising from any relationship issue or relationship problem between spouses or former spouses, or between a parent and a child. [Act 18 of 2023 wef 31/01/2024] |
|
|
| Division 3 — Other matters |
46.—(1) There is a Family Justice Rules Committee consisting of —| (a) | the Chief Justice, who is the Chairperson of the Committee; | | (b) | a Supreme Court Judge to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing; | | (c) | the Presiding Judge of the Family Justice Courts; | | (d) | the registrar of the Family Justice Courts; | | (e) | the Director of Legal Aid; and | | (f) | 2 practising advocates and solicitors to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing. [40/2019] |
| (2) The Family Justice Rules Committee may make Family Justice Rules regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the Family Division of the High Court, the Family Courts and the Youth Courts in all causes and matters whatsoever in or with respect to which those Courts respectively have for the time being jurisdiction (including the procedure and practice to be followed in the Registry of the Family Justice Courts) and any matters incidental to or relating to any such procedure or practice. |
(3) Without limiting subsection (2), Family Justice Rules may be made for the following purposes:| (a) | prescribing the manner in which, and the time within which, any application, which under this Act or any other written law is to be made to the Family Division of the High Court, a Family Court or a Youth Court, must be made; | | (b) | prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a Judge, or a judge of a Family Court or Youth Court, in court or in chambers, may be transacted or exercised by the Registrar (including provisions for appeals against decisions of the Registrar); | | (c) | regulating and prescribing the procedure to be followed on appeals from a Family Court or Youth Court to the General Division of the High Court, and the procedure in connection with the transfer of any proceedings from a Family Court to the General Division of the High Court or from the General Division of the High Court to a Family Court; | | (d) | prescribing the scales of allowances, costs and fees to be taken, or paid to any party or witness, in any proceedings in the Family Division of the High Court, a Family Court or a Youth Court, and regulating any matters relating to the costs of proceedings in such Courts; | | (e) | enabling proceedings —| (i) | to be commenced in a Family Court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made; | | (ii) | purporting to have been commenced in a Family Court by or against a person to be treated, if he or she was dead at their commencement, as having been commenced by or against (as the case may be) his or her estate whether or not a grant of probate or letters of administration was made before their commencement; and | | (iii) | commenced or treated as commenced in a Family Court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against (as the case may be) a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives; |
| | (f) | regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings or on any application in connection with or at any stage of any proceedings; | | (g) | regulating the joinder of parties and prescribing in what cases persons absent, but having an interest in a cause or matter, are bound by any order made therein, and in what cause or matter orders may be made for the representation of absent persons by one or more parties to a cause or matter; | | (h) | providing for the appointment of a child representative to represent the interests of a child in any proceedings involving the child, or the custody and welfare of the child, and for the remuneration of the child representative; | | (ha) | prescribing the modes by which the wishes of a child may be determined by the Family Division of the High Court or a Family Court; [Act 18 of 2023 wef 31/01/2024] | | (i) | regulating the rate of interest payable on all debts, including judgment debts, or on the sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the court, except that the rate of interest must not in any case exceed 8% per annum, unless it has been otherwise agreed between the parties; | | (j) | prescribing in what cases money due under a judgment or order is to be paid into court; | | (k) | providing for the enforcement of any order of the Family Division of the High Court (in the exercise of its original or appellate civil jurisdiction) or of the Family Court; | | (l) | regulating the modes in which an enforcement order for seizure and sale of property may be executed, and the manner in which seizure may be made of any property seizable thereunder, and the mode of sale by a bailiff or any other officer of the Family Justice Courts of any property so seized, and the manner in which the right and title of purchasers of the property at any sale by any officer of the Family Justice Courts may be secured to the purchasers; [Act 25 of 2021 wef 15/10/2024] | | (m) | regulating the discovery of a judgment debtor’s property in aid of the enforcement of any judgment or order; [Act 25 of 2021 wef 15/10/2024] | | (n) | the taking of evidence before an examiner on commission or by letters of request, and prescribing the circumstances in which evidence so taken may be read on the trial of an action; | | (o) | prescribing in what cases and on what conditions a court may act upon the certificate of accountants, actuaries or other scientific persons; [Act 25 of 2021 wef 01/04/2022] | | (p) | amending, altering or adding to the forms set out in, or in any subsidiary legislation made under, any Act mentioned in the definition of “family proceedings” in section 2(1); [Act 25 of 2021 wef 01/04/2022] | | (q) | prescribing anything that is required or permitted under this Act to be prescribed by the Family Justice Rules. [Act 25 of 2021 wef 01/04/2022] [40/2019] |
|
| (4) The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made for that matter by practice directions issued for the time being by the registrar of the Family Justice Courts. |
| (5) At any meeting of the Family Justice Rules Committee, 5 members form a quorum and all questions must be decided by a majority of votes of the members present and voting. |
| (6) No Family Justice Rules may be made without the consent of the Chief Justice. |
| (7) All Family Justice Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette. |
| (8) Prior to the enactment of Family Justice Rules on any matter which may be dealt with under those Rules, the Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court for dealing with that matter. |
|
| Amendment of Second Schedule |
| 46A.—(1) The Minister may, after consulting the Chief Justice, by order in the Gazette, amend the Second Schedule. [16/2016] | (2) An order under subsection (1) may contain such provisions of a saving or transitional nature as appear to the Minister, after consulting the Chief Justice, to be necessary or expedient. [16/2016] |
|
| Saving and transitional provisions |
47.—(1) Despite sections 4, 22, 23 and 24, any family proceedings (not being probate proceedings) commenced in the High Court before 1 October 2014 are, on and after that date, to be continued in and dealt with by the High Court as if those sections had not been enacted.| (2) Despite sections 4 and 22, any contentious probate proceedings commenced in the High Court before 1 January 2015 are, on and after that date, to be continued in and dealt with by the High Court as if those sections had not been enacted. |
| (3) Any non-contentious probate proceedings commenced in the High Court before 1 January 2015 are, on and after that date, to be continued in and dealt with by the Family Division of the High Court. |
| (4) Any family proceedings (not being probate proceedings) commenced in a District Court or Magistrate’s Court before 1 October 2014 are, on and after that date, to be continued in and dealt with by a Family Court. |
| (5) Despite amendments made to the Probate and Administration Act 1934 and State Courts Act 1970 on 1 January 2015, any contentious probate proceedings commenced in a District Court before that date are, on and after that date, to be continued in and dealt with by a District Court. |
(6) The following provisions continue to apply to any contentious probate proceedings commenced in a District Court before 1 January 2015 as if the Probate and Administration Act 1934 and State Courts Act 1970 had not been amended on that date:| (a) | sections 2 (definitions of “court” and “judge”), 31, 34, 36, 39, 40, 43(2), 45, 50(1), 53, 54, 66(1) and (2) and 67(1) and (2) of the Probate and Administration Act 1934 as in force immediately before 1 January 2015; | | (b) | sections 2 (definition of “District Court limit”), 26(a) and 27 of the State Courts Act 1970 as in force immediately before 1 January 2015. |
|
| (7) Despite sections 4 and 23, any appeal from any contentious probate proceedings commenced in a District Court is, if the appeal is commenced in the High Court before 1 January 2015, to be continued in and dealt with by the High Court, on and after that date, as if those sections had not been enacted. |
| (8) Any non-contentious probate proceedings commenced in a District Court before 1 January 2015 is, on and after that date, to be continued in and dealt with by a Family Court. |
| (9) Any family proceedings transferred to a District Court before 1 October 2014 pursuant to an order made by the Chief Justice under section 28A of the Supreme Court of Judicature Act 1969 is, on and after that date, to be continued in and dealt with by a Family Court. |
| (10) Any proceedings commenced in a Juvenile Court before 1 October 2014 is, on and after that date, to be continued in and dealt with by a Youth Court. |
| (11) [Omitted as having had effect] |
| (13) In this section, “probate proceedings” means any civil proceedings under the Probate and Administration Act 1934. |
|
|