Appeals

Overview

The Family Division of the High Court exercises original jurisdiction and hears appeals against the decision of the Family Courts and the Youth Courts in family proceedings.

This section provides information on the appeals process to the High Court (Family Division). Subjected to certain exceptions, appeals to the High Court (Family Division) can be filed against:

a decision of a Judge (District Judge / Magistrate) in the Family Courts;
a decision of a Judge (District Judge / Magistrate) in the Youth Courts; or
a decision of the Assistant Registrar / Deputy Registrar in the High Court (Family Division).

The information provided below is general in nature and is not intended as legal advice. The Family Justice Courts (FJC) cannot provide legal advice or assist with drafting the contents of any document.

How do you appeal against a Court order?

If you are dissatisfied with the Court’s decision, you may consider filing an Appeal against the decision within the prescribed time. Depending on the nature of the appeal, you may be required to provide security for costs at the time when filing the Appeal. Please refer to the table below for the prescribed time period and general requirements for the filing of appeals.

	Prescribed time period	Security for costs	Appeal document to file
Appeals from Family Courts’ Orders which fall within the list below	14 days from the date of Order*	Required. The Appellant must provide $3,000 as security for costs	Notice of Appeal
All other appeals from Family Courts (which does not fall within the list below)		Not required
Appeals from Assistant Registrar in the High Court		Not required
Youth Courts	14 days from the date of sentence, judgement or Order	Not required

*You may wish to further refer to rules 12-14 of the Family Justice Rules to understand how time is calculated.

What happens when you are unable to file an appeal within the time prescribed?

The Notice of Appeal will be rejected if it is filed after the prescribed time. If you wish to appeal nonetheless, you will have to file an Originating Summons (OS) in the High Court (Family Division) to extend the time to file an Appeal.

The hearing of the OS will be conducted in the High Court (Family Division).

When is security for costs required?

You are required to provide security for costs when you appeal against the following Orders in the Family Courts:

an Order for ancillary relief, under Chapter 4 of Part X of the Women’s Charter (Cap. 353), pursuant to a writ of summons of divorce, judicial separation or nullity of marriage;
an Order, under Chapter 4 of Part X of the Women’s Charter, varying in whole or in part an Order for ancillary relief pursuant to a writ of summons for divorce, judicial separation or nullity of marriage;
an Order with respect to the title to or possession of property pursuant to section 59 of the Women’s Charter;
a Protection Order, or a variation or recession of a Protection Order, pursuant to section 65 or 67 of the Women’s Charter;
an Order for the payment of any sum towards the maintenance of a wife or child pursuant to section 69 of the Women’s Charter;
an Order for the enforcement, variation or recession of a Maintenance Order pursuant to section 71, 72 and 81 of the Women’s Charter;
an Order made pursuant to an application under section 94 of the Women’s Charter;
an Order for Interim Judgment under section 95(4) of the Women’s Charter;
a Judgment of Judicial Separation under section 101 of the Women’s Charter;
a Judgment of Nullity under section 110 of the Women’s Charter;
an Order for financial relief pursuant to section 121G of the Women’s Charter;
an Order for the enforcement of any Order of the Syariah Court pursuant to section 53 of the Administration of the Muslim Law Act (Cap.3);
an Adoption Order made under the Adoption of Children Act (Cap.4);
an Order relating to the custody, care and control of a child, the right of access to a child, the relocation of a child or the payment of any sum towards the maintenance of a child pursuant to an application under the Guardianship of Infants Act (Cap.122);
an Order made under section 3 of the Inheritance (Family Provision) Act (Cap. 138);
an Order made under Part III (other than section 9 or 10) of the International Child Abduction Act (Cap. 143C);
an Order made under section 4 of the Legitimacy Act (Cap.162);
an Order for the enforcement of a Maintenance Order made under the Maintenance of Parents Act (Cap.167B) pursuant to section 10 of that Act;
an Order made pursuant to the Maintenance Orders (Facilities for Enforcement) Act (Cap.168);
a Provisional Maintenance Order made under the Maintenance Orders (Reciprocal Enforcement) Act (Cap. 169);
an Order, a decision or a direction under section 17 or 18 of the Mental Capacity Act (Cap.177A);
a Declaration made under section 19 of the Mental Capacity Act;
an Order making a decision on behalf of a person lacking capacity under section 20 of the Mental Capacity Act;
an Order relating to the appointment of a deputy or successor deputy (including a variation or discharge of any such Order) or an Order revoking any such appointment or the powers conferred on any deputy or successor deputy, pursuant to sections 20 to 24 of the Mental Capacity Act;
an Order under section 38 of the Mental Capacity Act granting or refusing permission for an application to the Court under that Act;
an Order relating to the grant of probate of a will or letters of administration of an estate of a deceased person, or for the revocation of any such grant, or for a decree pronouncing for or against the validity of an alleged will, under the Probate and Administration Act (Cap. 251);
an Order relating to the administration of an estate of a deceased person;
an Order made under the Status of Children (Assisted Reproduction Technology) Act 2013 (Act 16 of 2013);
an Order made under section 17A(2) of the Supreme Court of Judicature Act (Cap. 322);
an Order made under the Voluntary Sterilization Act (Cap. 347); or
an Order made under Division 1, 2 or 3 of Part 2 of the Vulnerable Adults Act 2018.

How do you provide security for costs?

If you wish to appeal against the Orders set out in the list above, you must provide security for costs when you file the appeal.

If you are not represented in the appeal, you must first deposit the prescribed sum with the Accountant General Department.

Accountant General Department
5 Maxwell Road, MND Complex
#06-00 Tower Block
Singapore 069110
Tel: 6325 9666

For appeal against non e-litigation cases, you are required to proceed to Level 1, Family Registry to submit the Direction to Accountant-General for Payment In. You are then required to go over to Accountant General Department to make a payment of $3000 for the security for costs. Notice of Appeal is then needed to be filed together with Certificate for Security for Costs at CrimsonLogic.
For appeal against e-litigation cases, you are to file Direction to Accountant-General for Payment In under the case you are appealing against. You are then required to proceed to Accountant General Department to make a payment of $3000 for the security for costs. Notice of Appeal is then needed to be filed together with Certificate for Security for Costs at CrimsonLogic.

If you are represented in the appeal, you may consult your lawyers on the filing of an Undertaking for the Security for costs on your behalf.

What happens after the Notice of Appeal is filed?

For Appeals against Family Courts Orders

The Notice of Appeal will be accepted if the document is in order. If you have filed the Notice of Appeal at CrimsonLogic, you must retrieve the Notice of Appeal with the Court seal affixed once you received Notice of Acceptance. You must then serve the Notice of Appeal on the other party(ies) / the other party(ies)’ lawyers within the time prescribed. Please refer to the table under the header “How do you appeal against a Court order?” for the prescribed time.

After the Notice of Appeal has been accepted, a Notice from the Court will be sent informing you / your lawyer to collect the Notes of Proceedings. Depending on the nature of the Appeal, the parties can expect to receive the Court Notice in three months’ time.

The Court Notice will set out the steps to be taken by each party and the time for each step. This will include filing and serving of the Appellant’s Case / Submissions, Record of Appeal (in applicable cases) and Respondent’s Case / Submissions.

A Pre-Trial Conference (PTC) will be fixed after the time for completing the steps in the Court Notice has expired. PTC is usually held at the FJC premises, either at:

3 Havelock Square, Singapore 059725; or
5 Maxwell Road #04-00 Tower Block MND Complex, Singapore 069110.

For Appeals against Youth Courts Orders

The Notice of Appeal will be accepted if the document is in order.

After the Notice of Appeal has been accepted, a Notice from the Court will be sent informing the parties to collect the Record of Proceedings and Grounds of Decision. Depending on the type of case and nature of the appeal, the parties can typically expect to receive the Court Notice between one to three months from the Notice of Appeal (or shorter in certain criminal cases if the youth is currently serving sentence)

The Appellant must file the Petition of Appeal within 14 days from the service of the Record of Proceedings and Grounds of Decision.

The hearing of the Appeal will be fixed via a Registrar’s Notice (RN). Further directions will also be given in the same RN.

What happens at the PTC?

For Appeals against Family Courts orders

If the appeal is ready for hearing, the hearing date for the appeal will be fixed.

If any party intends to file interlocutory applications, the Court will give directions accordingly. Common interlocutory applications would include applications to adduce fresh evidence and applications for extension of time to file the documents stated in the Court Notice.

Where is the Appeal hearing conducted?

The hearing of the Appeal is conducted at the Supreme Court located at 1 Supreme Court Lane, Singapore 178879.

What happens after the Appeal hearing is concluded?

Either party may extract the Orders made by the Court.

If applicable, the security for costs will be refunded to the Appellant if no adverse costs Orders are made against the Appellant. To ensure that the security for costs can be refunded, the Appellant should seek an Order from the hearing judge for the release of the security for costs. The parties entitled to the release of the security for costs may file Direction to Accountant-General for Payment Out. You are then required to proceed to Accountant General Department located at 5 Maxwell Road #06-00 Tower Block MND Complex Singapore 069110, to release the security for costs.