Therapeutic Justice in Family Cases –Part 1

Therapeutic Justice in Family Cases –Part 1 Article by PracticeForte Advisory Affiliate Susan Tay of OTP Law Corporation. This article was first published by OTP Law Corporation. This is the 1st of a 4 part series on therapeutic justice and how it may be applied in family cases in Singapore. In the other 3 instalments, we will explore the role of different players in the administration of therapeutic justice, namely, The Lawyer, The Counsellor and The Accountant.In the context of these articles, family cases will be restricted to divorce and the issues arising out of a divorce i.e. property division, financial support and importantly, children’s matters including custody, care and control, access.Heal Us Not Kill UsIf I may use one…

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Covid, Co-Parenting? Just Cooperate

COVID, CO-PARENTING? JUST COOPERATE. Article by Susan TayThis article was first published by OTP Law Corporation Disclaimer: This article is for parents who love their children, protect them and want what’s best for them. Not the rare few where the law has been unequivocal in saying children are not safe with.Is It Really Between the Devil and the Deep Blue Sea?Circuit breaker, 4 weeks, (and may be counting; for which we can only hope for the best but wisely expect the worst), the prospect of no physical contact with your child/children. That can be rather heart breaking for most parents. But ask the parents, will they rather suffer not holding their child or put their child’s safety at risk and…

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PF Mediate – MEDIATION FOR HAGUE CONVENTION & RELOCATION CASES PART 2 – Travelling Mediators

PF Mediate – MEDIATION FOR HAGUE CONVENTION & RELOCATION CASES PART 2 – Travelling Mediators This article is written by PracticeForte Advisory Affiliate Susan Tay (Mediator, Collaborative Practice Lawyer, Parenting Co-Odinator) I am writing this while serving self-quarantine and working off site. Mylene and I were away in Thailand when we were suddenly told to “grab the 1st flight out and come home” if we want to avoid the mandatory 14 day stay home notice. We were due back 2 days later but heeded all the advice, cancelled our return flight, booked 1st and only flight out of Bangkok the next morning and flew back. That was last week.I have been working away from office. I haven’t seen my colleagues or mum…

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Are Parents Always Liable for Their Children’s Maintenance?

Are parents always liable for their children's maintenance? This article was written by Eric Lip and Emelia Kwa, associates at OTP Law Corporation. Both passages below are a fictional re-telling of the facts of the case, to provide each party’s possible perspectives. UYT v UYU - Are parents always liable for their children’s maintenance?A son’s thoughts My parents divorced when I was 8 years old. Back then, they had decided that my dad wouldn’t have to support me financially. For the rest of my life, my mum was the one who single-handedly raised me and supported me, without any help from my dad. Over the years, my dad began life anew and remarried. I now have two step-brothers. My dad…

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A Thankful Attendee of the Cross-Border Mediation Masterclass

A Thankful Attendee of the Cross-Border Mediation Masterclass This article is written by Chloe Chua Kay Ee - National University of Singapore, Faculty of Law On 16 October 2019, a couple of friends and I attended the Cross-Border Mediation Masterclass jointly organised by PracticeForte, ALSA Singapore and SMU Law International Relations Club. As final year law students who are keen on going into family law, this 4-hour workshop was deeply enriching and beneficial to us. Furthermore, it managed to be what most typical law classes have failed to be, it was fun! The Masterclass could be broadly categorised into 2 categories – the seminars, which equipped us with the fundamentals of cross-border mediation and gave us insight into practical experiences,…

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Recognition of Foreign Divorce In The Philippines: What You Need To Know

RECOGNITION OF FOREIGN DIVORCE IN THE PHILIPPINES: WHAT YOU NEED TO KNOW This article is written by PracticeForte foreign affiliate member Apolinario L. Caymo II Many Filipinos divorced abroad make the mistake of remarrying without first going through the formalities required by Philippine law. While a divorce abroad dissolves that marriage in that country, this does not mean that the Filipino/Filipina divorcee automatically has the right to marry again under Philippine law. To avoid future inconveniences for divorced Philippine citizens, LEGAL One tackles the most common questions about judicial recognition of foreign divorce decrees. 1. Q: I am a Philippine citizen who obtained a divorce decree in a foreign country. Can I now legally marry under Philippine law? A: No.…

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Adopting the Peace Approach in the interest of the Child

Adopting the peace approach for the interest of the child This article is written by Nur Shukrina Bte Abdul Salam, an intern of OTP Law Corporation and Emelia Kwa, an associate of OTP Law Corporation When families go through disputes, be it over a divorce matter, an inheritance matter, or any other family-related conflict, it can get very acrimonious due to the personal nature of the issues. This is especially so when parties are involved in litigation, where parties perceive there to be a ‘winner’ and a ‘loser’. Consequently, parties go on the offensive to protect themselves. It is an incredibly stressful process that takes a toll on everyone involved, with little or no hope of peace between them, even…

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Voice of The Unmarried Mother Heard

Voice of The Unmarried Mother Heard This article is written by Susan Tay of OPT Law Corporation and is published in conjunction with PracticeForte's Project Relocation Initiative. Relocation Case Analysis ULA v UKZ –Voice of The Unmarried Mother Heard This article is written by Susan Tay of OTP Law Corporation. This article is published in conjunction with PracticeForte’s Project Relocation initiative. I am a mother of a 9 year old son. His dad, an Irish man who was not married to me, lived with his wife and 2 kids in New Zealand. Until my son was about 3, his family did not know anything about me or our son. In fact, it was I who called his wife in 2012 and…

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Mediation for Hague Convention and Relocation Cases

Mediation for Hague Convention & Relocation Cases - The Unfortunate Case of TSF v TSE This article is written by Emelia Kwa & Isabel Chew Lau, associates of OTP Law Corporation If you want a grim illustration of how cross-border child cases can devolve, you need look no further than the recent Court of Appeal case of TSF v TSE. That case concerned an epic battle between parents for the custody of their child. It was a battle that spanned four years and two jurisdictions: Singapore and England. There, the parents had brought the child from England to Singapore when he was around a year old, to be looked after by his paternal grandparents while the mother completed her studies. Half a…

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Between A Rock And A Hard Place – Case Study of UFZ V UFY

Between A Rock & A Hard Place - Case Study of UFZ v UFY Article By: PracticeForte Advisory Affiliate Ms. Amy Lim Cross-border marriages are becoming increasingly common in a globalised world.  Unfortunately, when some of these marriages break down, an application may have to be made in Court if one parent wishes to relocate with the children.This gives rise to the proverbial “between a rock and a hard place” decision which the Court must make. Do they decide in favour of the parent seeking to (typically) return to a home country, thus leaving one parent behind? Or do they decide against the relocation, thus forcing a party who wishes to leave to stay behind in a place they may…

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