Source

Family Justice Act 2014 PART 2 — FAMILY JUSTICE COURTS

s 3–s 11C · 11 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Family Justice Courts

s 3

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3. The Family Justice Courts consist of —(a) the Family Division of the High Court; (b) the Family Courts; and (c) the Youth Courts.

Family Division of High Court

4.—(1) There shall be a division of the General Division of the High Court known as the Family Division, through which the General Division of the High Court exercises —(a) such part of the original and appellate civil jurisdiction of the General Division of the High Court as is specified in this Act; (b) such part of the appellate criminal jurisdiction of the General Division of the High Court as is specified in this Act; and (c) the general supervisory and revisionary jurisdiction of the General Division of the High Court over the Family Courts, the Youth Courts and the Tribunal for the Maintenance of Parents.[40/2019] (2) Subject to this Act, the provisions of the Supreme Court of Judicature Act 1969 apply to the Family Division of the High Court.

Family Courts and Youth Courts

s 5

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5. There shall be within Singapore the following subordinate courts with such jurisdiction as is conferred by this Act or any other written law:(a) Family Courts; (b) Youth Courts.

Seals of courts

s 7

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7. The Family Justice Courts are to have and use as occasion may require a seal or seals of such nature as the Chief Justice may, by notification in the Gazette, prescribe.

Process of courts

s 8

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8. All writs, summonses, warrants, orders, notices and other mandatory processes issued by the Family Justice Courts must be signed by a judicial officer and must bear the seal of the court issuing the same.

Sittings of Family Courts and Youth Courts

s 9

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9.—(1) Subject to subsection (2), every Family Court and every Youth Court sits on every day of the year except on Saturdays, Sundays and public holidays. (2) Despite subsection (1), a judicial officer may lawfully sit on a Saturday, Sunday or public holiday or during a vacation authorised under section 38 if —(a) the Presiding Judge of the Family Justice Courts, with the concurrence of the Chief Justice, has directed the judicial officer to sit on that day or during that vacation; or (b) in the opinion of the judicial officer, the business to be despatched is extremely urgent. (3) Every Family Court and every Youth Court sits at such times and at such places as the Chief Justice may from time to time appoint.[Act 25 of 2021 wef 01/04/2022]

Sittings in private, etc.

s 10

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10.—(1) Subject to subsection (2), all matters and proceedings in a Family Justice Court must be heard in private.[Act 25 of 2021 wef 01/04/2022] (2) A Family Justice Court has power to hear any matter or any part thereof in an open and public court, or by way of an open and public hearing, to which the public generally may have access, if the Court is satisfied that it is expedient in the interests of justice, or for other sufficient reason to do so.[Act 25 of 2021 wef 01/04/2022] (3) A Family Justice Court may, in any matter or proceeding or any part thereof tried or held or to be tried or held before it, if satisfied that it is expedient in the interests of justice, public safety, public security or propriety, the national interest or national security of Singapore, or for other sufficient reason to do so, order that any of the following, which is contained in any court document or intended to be produced before the Court, be removed or be sufficiently redacted:(a) the name, address or photograph of any witness in that matter or proceeding; (b) any evidence or any other thing likely to lead to the identification of any such witness by any person other than a party to that matter or proceeding;[Act 25 of 2021 wef 01/04/2022] (c) any information that, if disclosed, may be prejudicial to the national interest or national security of Singapore.[Act 25 of 2021 wef 01/04/2022] (4) A Family Justice Court may at any time order that no person is to —(a) publish the name, address or photograph of any witness in any matter or proceeding or any part thereof tried or held or to be tried or held before it, or any evidence or any other thing likely to lead to the identification of any such witness;[Act 25 of 2021 wef 01/04/2022] (b) do any other act which is likely to lead to the identification of any witness mentioned in paragraph (a); or[Act 25 of 2021 wef 01/04/2022] (c) publish any information relating to any matter or proceeding before the court that, if disclosed, may be prejudicial to the national interest or national security of Singapore.[Act 25 of 2021 wef 01/04/2022] (5) Any person who acts in contravention of any order under subsection (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. (6) Section 8 of the Supreme Court of Judicature Act 1969 does not apply to the Family Division of the High Court.

Court may conduct hearing through electronic means of communication

s 11

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11.—(1) Without limiting section 10, a Family Justice Court may conduct the hearing of any matter or proceeding (other than a matter or proceeding prescribed by the Criminal Procedure Rules or the Family Justice Rules) through a live video link, a live television link, a live audio link or any other electronic means of communication approved by the Chief Justice. (2) Subsection (1) does not affect the operation of section 26A of the Administration of Justice (Protection) Act 2016, section 62A of the Evidence Act 1893* and section 281 of the Criminal Procedure Code 2010*.[*Updated to be consistent with the 2020 Revised Edition] (3) A Family Justice Court must not conduct any part of a hearing of a matter through a live audio link only, without an accompanying live video link or live television link —(a) where oral evidence is given during that part of the hearing (including in a trial of an offence) in a criminal or quasi-criminal proceeding; (b) where oral evidence is given during that part of the hearing (including in a trial of an action) in a civil proceeding, unless all the parties consent; or (c) where the matter is prescribed by the Criminal Procedure Rules or the Family Justice Rules. (4) For the purposes of subsection (3), a court is not considered to have conducted a part of a hearing of a matter through a live audio link only and without an accompanying live video link or live television link, by reason only of a temporary disruption in the accompanying live video link or live television link that was insignificant and which did not affect the court’s duty to conduct proceedings fairly. (5) A Family Justice Court must not conduct a hearing of a matter or proceeding in the manner provided under subsection (1), if to do so would be inconsistent with the court’s duty to ensure that the hearing is conducted fairly to all parties. (6) A Family Court or a Youth Court is deemed to be sitting at a place appointed under section 9(3) when the court conducts a hearing of a matter or proceeding in the manner provided under subsection (1) (whether any judicial officer of the court is situated in Singapore or outside Singapore).[Act 25 of 2021 wef 01/04/2022]

Court may prohibit, etc., further applications or documents

s 11A

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11A.—(1) Subsections (2) and (3) apply where an order (called a relevant order) has been made by a Family Justice Court in any relevant proceedings. (2) Where a Family Justice Court is satisfied that the filing of any application (called in this subsection Application X1) by a party to vary, suspend, discharge, rescind, set aside or revoke a relevant order, or any document in support of Application X1 (called in this subsection Document X1), will or is likely to —(a) be without merit, having regard to the party’s past conduct in the relevant proceedings or any other proceedings before a Family Justice Court involving facts or reliefs that are the same as or similar to those in the relevant proceedings; or (b) where a child is or was a party to or a subject of the relevant proceedings or the proceedings in Application X1 — have an adverse effect on the welfare of the child, the Court may make all or any of the following orders: (c) an order prohibiting the party from filing Application X1 or any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court; (d) an order prohibiting the party from filing Document X1 or any other document in support of Application X1 or any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court; (e) an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (c) or (d) without the permission of the Court. (3) Where a Family Justice Court is satisfied that an application (called in this subsection Application X2) filed by a party on or after the date of commencement of section 3 of the Family Justice Reform Act 2023 to vary, suspend, discharge, rescind, set aside or revoke a relevant order, or any document filed in support of Application X2 (called in this subsection Document X2), will or is likely to be of the nature mentioned in subsection (2)(a) or have the effect mentioned in subsection (2)(b) in relation to a child who is or was a party to or subject of the relevant proceedings or the proceedings in Application X2, the Court may make all or any of the following orders:(a) an order that Application X2 be treated as dismissed or Document X2 be treated as expunged (as the case may be) on a date specified by the Court, if the party does not comply by that date with one or more conditions imposed by the Court; (b) an order staying the proceedings in Application X2 until the specified date mentioned in paragraph (a); (c) an order prohibiting the party from filing any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court; (d) an order prohibiting the party from filing any document in support of Application X2 or any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court; (e) an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (a), (b), (c) or (d) without the permission of the Court. (4) Subsections (5) and (6) apply where any relevant proceedings (whether commenced before, on or after the date of commencement of section 3 of the Family Justice Reform Act 2023) are pending before a Family Justice Court. (5) Where a Family Justice Court is satisfied that the filing of any application (called in this subsection Application X3) by a party in the relevant proceedings, or any document in support of Application X3 (called in this subsection Document X3), will or is likely to —(a) impede the just, expeditious or economical resolution or disposal of any matter in the relevant proceedings; or (b) where a child is a party to or a subject of the relevant proceedings — have an adverse effect on the welfare of the child, the Court may make all or any of the following orders: (c) an order prohibiting the party from filing Application X3 or any other application in the relevant proceedings, without the permission of the Court; (d) an order prohibiting the party from filing Document X3 or any other document in support of Application X3 or any other application in the relevant proceedings, without the permission of the Court; (e) an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (c) or (d) without the permission of the Court. (6) Where a Family Justice Court is satisfied that any application (called in this subsection Application X4) filed by a party on or after the date of commencement of section 3 of the Family Justice Reform Act 2023 in the relevant proceedings, or any document filed in support of Application X4 (called in this subsection Document X4), will or is likely to be of the nature mentioned in subsection (5)(a) or have the effect mentioned in subsection (5)(b) in relation to a child who is a party to or subject of the relevant proceedings, the Court may make all or any of the following orders:(a) an order that Application X4 be treated as dismissed or Document X4 be treated as expunged (as the case may be) on a date specified by the Court, if the party does not comply by that date with one or more conditions imposed by the Court; (b) an order staying the proceedings in Application X4 until the specified date mentioned in paragraph (a); (c) an order prohibiting the party from filing any other application in the relevant proceedings, without the permission of the Court; (d) an order prohibiting the party from filing any document in support of Application X4 or any other application in the relevant proceedings, without the permission of the Court; (e) an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (a), (b), (c) or (d) without the permission of the Court. (7) An order prohibiting the filing of any application or document under subsection (2)(c) or (d), (3)(c) or (d), (5)(c) or (d) or (6)(c) or (d) may be of a general nature or a particular nature. (8) Any application filed by a party, or any document filed in support of such an application, contrary to any order under subsection (2)(c), (d) or (e), (3)(c), (d) or (e), (5)(c), (d) or (e) or (6)(c), (d) or (e), is to be treated as dismissed or expunged —(a) without the Court having to make any further order; and (b) without the need for any other party to be heard on the merits of that application. (9) To avoid doubt, an order under subsection (2)(c), (d) or (e), (3)(c), (d) or (e), (5)(c), (d) or (e) or (6)(c), (d) or (e) does not prohibit the filing of an application for any permission required by the order.[Act 18 of 2023 wef 14/10/2024]

Court may make order without application

s 11B

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11B.—(1) Subject to subsection (2), a Family Justice Court may, in the course of any relevant proceedings commenced on or after the date of commencement of section 4 of the Family Justice Reform Act 2023 and on its own motion, make an order on any issue arising in a cause or matter, including an order of a substantive nature, which the Court has the power to make on the application of any person. (2) A Family Justice Court must not make an order of a substantive nature on the basis of subsection (1) unless —(a) every person likely to be affected by the order has been given an opportunity to be heard concerning the order; and (b) the Court is satisfied that it is in the interests of justice to make the order.[Act 18 of 2023 wef 15/10/2024]

Court may impose restrictions on cross-examination

s 11C

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11C.—(1) Subsection (2) applies where an applicant or a respondent in any relevant proceedings commenced on or after the date of commencement of section 4 of the Family Justice Reform Act 2023 cross-examines or intends to cross-examine a witness in person or by counsel, in the relevant proceedings. (2) A Family Justice Court may, on its own motion or the application of any party, make any or both of the following orders in the circumstances prescribed by the Family Justice Rules:(a) an order that the cross-examination be restricted in scope or duration; (b) an order that the cross-examination (or any part of the cross-examination) must be conducted in any manner prescribed by the Family Justice Rules.[Act 18 of 2023 wef 15/10/2024]

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

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