INTRODUCTION

• Published date: 01 December 2018
• Citation: (2018) 30 SAcLJ 423
• Author: Malathi DAS LLB (Hons) (National University of Singapore); Advocate and Solicitor (Singapore); Director, Joyce A Tan & Partners LLC. LIM Hui Min BA (Oxon), BCL; Director of Legal Aid, Legal Aid Bureau.
• Date: 01 December 2018

1 This is an issue devoted to how family law should deal with children issues, because children are society's top priority. They are the future of the country. They have the potential to do great things, or to go badly wrong. As stakeholders in the family justice system, we have both the opportunity and the responsibility to steer them towards the former path. So, we need to make sure that when their parents break up, the children can still thrive, and that when their parents neglect or abuse them, they are saved and restored. The legal framework needs to support this – not just with laws, but girded by procedures, programmes, and a whole family justice ecosystem, which works in harmony with other disciplines.

2 Over the years, there has also been an evolution in how children are seen by society. From being viewed merely as the assets of the head of the household, under Roman law and other ancient legal systems,1 to a being with his own rights, which must be respected and safeguarded.2 There is also a recognition of the role that the family, specifically the child's parents, play in his happiness and welfare. This role needs to be encouraged and supported.

3 Family law in Singapore is based on the principle of putting the welfare of the child at the centre of any dispute, and to emphasise the role of the parents in advancing the child's welfare. Lately, it has also placed more emphasis on hearing the voice of the child. Leong Wai Kum's article, “From Substantive Law towards Family Justice for the Child in Divorce Proceedings in Singapore” argues that the key piece of

family legislation, the Women's Charter, was built around the concept of parental responsibility – and the procedural rules and court programmes were designed to realise this concept, for the good of the children. Since the time the Charter was enacted, there has been a steady progress in, and refinement of, these rules and programmes.3

4 This progress and refinement are set out in detail in the article, “Family Justice Courts – Innovations, Initiatives and Programmes: An Evolution over Time?” by District Judge Kevin Ng et al, which traces their historical development.4

5 We can also see, in the arena of child protection, how the system places the child at the centre – not just an object to be protected, but someone whose personality needs to be taken into account, and whose views should be consulted. There is also a strong emphasis on family preservation, and working with the parents in order to co-create solutions. The article by Carmelia Nathen et al, “Child Protection Cases – Engagement...