I'd assume both of yourself and ex-wife have Joint Custody, which meant joint decisions over healthcare, education and religion etc.
Care and control order is normally given to the mothers. Family Justice Courts (FJCs) rarely grant a full care and control order to the fathers
unless it is under any ONE or more of the following:
- consent obtained from mother
- the child had to express clearly in the court that he/she wished to live with the father
- the mother is abusive and/or neglectful of the child
Based on what you have shared, you'd need to file for
Variations to Parenting Order. You can either do it yourself or engage a lawyer.
DIY: You just need to write an affidavit and attached evidences/documents together, and to be verified/signed by a Commissioner of Oaths (any law firms, or the on-site District Judge at FJCs). An affidavit is a legal sworn statement that you wished to make in the application for relevant court proceedings.
After that, you need to prepare the Summons and filed together with the affidavit at Crimson Logic Service Bureau (Chinatown Point branch or Supreme Court branch). Total fees incurred will be around $75. Once the filing at Crimson Logic is done, you will receive a SMS notification to collect back relevant documents, and be notified on a court date for your filed application. If you cannot make it on the court date, you will need to write an email to FJCs to seek for a change in date.
Usually, the first court session will be of a mediation session lead by the Mediator-Judge, who can make court orders when both parties agreed in a mediation session. Otherwise, the case will proceed onto a Trial. Once the Judge hears and considered all valid points made by both parties, the Judge will deliver the Judgement. If you want to appeal the Judgement (if it is not in your favour), you will need to go to the High Court division of the FJCs.
Rarely, the case will go onto the Appeal Court (the highest Court).
Lastly, Joint Custody orders and Maintenance orders are treated separately. So one
cannot use the reason of not able to see the kids and what not, and not pay the relevant maintenance.
Quote:
Originally Posted by popeye21
need advice on this matter bros.
my ex wife has care n control of my kids. they are young. 6 yrs old,4 yrs old and 18 mnths. i get to see the first 2 every fortnight n have overnight access from fri to sunday. my last kid i will see weekly for 2 hrs until he is 3 den he will follow
the rest to have overnight access.
now i want to fight care and control of the kids. each time they come deybwill cry n not wanting to go back. dey will say my ex wife will leve dem with their grabdma and no one to entertain dem at hme. i jave asked my ex wife to send dem to me on weekdays or wenever she ia busy so i can entertain the kids and she can do her stuff but she decline.
i suspect she is using the kids for money. i divorce her cause she has many debts from banks to personal loan to license money lender. m paying 1320 for 3 kids monthl. the kids is under welfare as their childcare is heavily subsidised.
my qn is what can i do to fight for care and control for my kids? i do not want them to be left alone and doing nth at hme with their grandma. i have strong family support with both my parents n siblings entertaining n love the kids. both my parents are not working. how do i stop her from gaining much from the monthly maintenance?
|