If you are going through a divorce while also dealing with family violence, please know that you are not alone, and that Singapore’s family law system does take this seriously. This article explains, in plain and simple language, how family violence can affect custody, care and control, access, and other parts of a divorce case. If you are in immediate danger, please contact the police or a family service centre for help before anything else.
This is general information, not legal advice. Every situation is different, and family violence cases are looked at closely on their own facts. If you are dealing with this yourself, it is important to speak to a family lawyer, and where relevant, support services, who can guide you through the options available to you. For more on protection orders, see our Family Violence and Personal Protection Order FAQ.
What Counts as Family Violence Under Singapore Law
Family violence is not limited to physical harm. It generally includes causing hurt, putting someone in fear of hurt, or continuous harassment that affects a person’s wellbeing. Following a recent change in the law, this now also more clearly recognises emotional and psychological abuse, not just physical violence. This is an important update, since many people affected by family violence experience patterns of control, fear, and emotional harm without necessarily experiencing physical injury.
Recognising that what you are going through counts as family violence, even without physical violence, is often an important first step for many people.
How Family Violence Can Affect Custody Decisions
When there is a history of family violence in a family, the court takes this seriously when deciding on custody, care and control, and access arrangements for any children involved. The safety and wellbeing of the child is always the central concern.
This can affect decisions in several ways. A parent with a history of family violence may be less likely to be given sole decision-making power through custody, particularly where cooperation and communication with the other parent would be needed but is not realistic or safe. Care and control may lean toward the parent who is able to provide a safe, stable home environment. Access arrangements may also be adjusted, for example through supervised access, where a neutral third party is present during visits, if there are genuine safety concerns about a parent’s unsupervised time with the child.
It is worth being clear that the court’s goal is not to punish a parent, but to protect the child while still trying, where safely possible, to preserve a meaningful relationship between the child and both parents. For more on how these decisions are generally approached, see our guide on custody, care and control, and access in Singapore.
How Family Violence Can Affect the Divorce Itself
Family violence can also be relevant to the divorce proceedings more broadly. In some cases, it may support the reason given for the marriage having broken down, since a pattern of harmful behaviour is often understood by the court as part of what makes a marriage unworkable. Our Divorce Law FAQ explains more about what needs to be shown for a divorce to be granted.
Family violence can also come up during discussions about the practical arrangements after divorce, since a history of violence or a controlling pattern of behaviour can be a relevant factor when working out what is fair and safe for everyone involved, including any children.
Getting a Personal Protection Order
Separately from the divorce itself, a person experiencing family violence can apply for a Personal Protection Order, often referred to as a PPO. This is a court order intended to protect a person from further violence by a family member. Applying for a PPO is a distinct legal process from the divorce, although the two can and often do happen around the same time.
Because this is a significant topic on its own, we cover the full process, including who can apply and what evidence is needed, in our Family Violence and Personal Protection Order FAQ. Our recent update on how family violence law has expanded to recognise emotional and psychological abuse is also worth reading if you want to understand the background to this change.
Signs That Family Violence May Be Affecting Your Situation
Some people do not immediately recognise their own experience as family violence, especially if it does not involve physical injury. It can help to reflect honestly on your situation. This might include feeling afraid of a family member’s reactions, being controlled around money, communication, or who you can see, being frequently put down, threatened, or humiliated, or experiencing physical harm or the threat of it.
If any of this feels familiar, it is worth taking it seriously and speaking with someone who can help, whether that is a lawyer, a family service centre, or a trusted support service. You do not need to have all the answers or be completely certain before reaching out. Many people only fully recognise the pattern of what they experienced once they have a chance to talk it through with someone outside the situation.
Understanding Supervised Access
When there are safety concerns about a parent’s unsupervised time with a child, the court can order supervised access, meaning visits happen with another responsible adult present, or at a designated centre set up for this purpose. This allows the child to maintain a relationship with that parent, while still protecting the child’s safety and wellbeing.
Supervised access is not necessarily permanent. Depending on how things develop, it can sometimes be reviewed and adjusted over time, such as moving toward unsupervised access if circumstances genuinely change and it is considered safe to do so. Every case is different, and this is generally something that develops gradually rather than all at once, with the child’s safety always remaining the priority throughout. Some families also use a neutral, agreed location for handovers between parents, which can reduce direct contact between the parents themselves while still allowing the child’s time with each parent to continue safely and consistently.
Why It Helps to Tell Your Lawyer Early
If family violence is part of your situation, it is important to raise this with your family lawyer as early as possible, even if you feel unsure, embarrassed, or worried about how it will be received. This information can genuinely shape the strategy for your case, including what kind of custody and access arrangements to propose, what safety measures might be needed during the legal process itself, such as separate waiting areas or remote hearings, and whether a Personal Protection Order should be pursued alongside the divorce.
A good family lawyer will treat this information with care and will not judge you for what you have experienced. Their role is to help protect you and your children through the legal process, using the tools that Singapore law provides.
Taking Care of Yourself Through the Process
Going through a divorce is difficult enough on its own. Doing so while also dealing with family violence adds an extra, heavy layer of stress. It is worth remembering that support is available beyond just the legal process, including family service centres and counselling services, which can provide practical and emotional support alongside your legal case. You do not have to manage everything on your own.
Final Thoughts
Family violence is something Singapore’s family law system takes seriously, both in how it can affect custody and access decisions, and through separate protections like the Personal Protection Order. If this is part of your situation, please do not carry it alone. Speaking to a family lawyer, and where needed, support services, is an important step toward protecting both yourself and your children.
Frequently Asked Questions
Can I still get a Personal Protection Order even if I am also going through a divorce?
Yes, applying for a Personal Protection Order is a separate legal process from your divorce, and going through a divorce does not prevent you from applying for one if you meet the requirements. Many people pursue both at around the same time, since they address different aspects of a difficult situation.
Will my children be interviewed by the court if there is a history of family violence in our case?
This depends on the specific case and the child’s age and circumstances. In some cases, a trained professional may speak with the child as part of understanding what arrangement would be best for them, but this is handled carefully and is not automatic in every case involving family violence.
Can family violence affect how matrimonial assets are divided?
Family violence is not typically treated as a direct factor in dividing matrimonial assets in the way it can affect custody or access. However, the broader circumstances of a marriage, including significant hardship experienced by a spouse, can sometimes be part of the wider picture the court considers, so it is worth discussing your specific circumstances with your lawyer.
Thank you for sharing this article...
About the Author: Randy Alta
