Counselling and Psychological Services (CAPS)

Parties and their lawyers will be scheduled to first attend a FDR Conference with a Judge-mediator and the CFS. After the conference, on the same day, parties will jointly meet with the CFS for counselling.

The first counselling session is known as the Intake and Assessment Session. This is where the CFS will begin to better understand what is important for both parents, their plans for the future, underlying concerns and interests, and how their children may be affected by the parental conflict or divorce. During this session, the CFS can also meet with parties individually.

The CFS may then arrange for one or more follow-up counselling sessions with parties to further work on resolving their differences, and to reach an agreement on what would be best for their children’s living and care arrangements.

A typical counselling session may take approximately up to two hours.

Only parties are involved in the counselling sessions. Lawyers are not allowed to sit in the counselling sessions. At times, the CFS can request to meet with parties’ children who are 7 years old and above, as part of the Child Inclusive Counselling process.

Child Inclusive counselling involves both parents and children in the process. The CFS, who is specially trained in child matters will meet with the children separately to assess and understand the children’s experience of their parents’ separation and disputes.

At a separate session, the CFS will feed back sensitively on the needs of the children to the parents, and further assist parents to make appropriate decisions in consideration of these needs. Children are referred for child inclusive counselling based on recommendations by the CFS.

If there is an agreement reached at counselling, parties can record a draft agreement witnessed by the CFS. If parties are represented by a legal counsel, they can bring back the draft agreement to their respective lawyers. The lawyers can confirm this draft agreement with the Mediator during mediation to assist with drafting a consent order based on the agreement.

Regardless of whether there is a draft agreement, the CFS will update the mediator on discussions held during counselling. This is so that the Mediator can follow up with parties and continue the discussions at mediation to resolve any outstanding disagreements. Generally, the CFS will not be required to attend the mediation session; unless, there is a need or request for co-mediation by the Mediator.

After counselling sessions with the CFS, parties will meet with the mediator for any unresolved divorce or ancillary matters. Click here to learn more about the FDR mediation process.

Co-mediation may be necessary if the mediator and the CFS decide that this approach will best help parties resolve their disputes in a holistic manner.

Counselling allows both parties to openly share their views and discuss various options freely because counselling is confidential and will not affect parties’ legal rights if the case proceeds for a hearing. When the CFS meets with parties individually, these sessions are also confidential in that the CFS cannot share what is discussed to the other party without permission. However, should the CFS assess that there is an imminent risk of harm to parties or others, or there are allegations of serious child abuse, the CFS has the obligation to inform others to ensure safety of lives.

The CFS will work with parents and their children to explore and determine if further support is necessary after counselling in FJC. With consent of parties, the CFS can make the referrals to appropriate community and social agencies such as the Family Service Centres (FSC) or Divorce Support Specialist Agencies (DSSA) to continue the support for families. The DSSAs provide longer term counselling on co-parenting and children issues, supervised visitation and exchanges, as well as other programmes to support families undergoing divorce.  

In determining the custody, care and control, and access matters of a child e.g. in divorce cases, the Courts may seek the advice of a person who is trained or experienced in child welfare. This is provided under the Women’s Charter and Guardianship of Infants Act, as well as the Family Justice Rules. 

Custody evaluation is a professional assessment undertaken to assist the courts in determination of a matter pertaining to a child. Custody evaluation reports are generally intended to assist in making final orders, they may be ordered at any point during the court hearing by any judicial officer of the Courts.

A custody evaluation report provides a comprehensive and impartial social science perspective, and has the functional value of contributing to informed and child-centred judicial decisions. The report provides information about the views and needs of children and their relationships with their parents and other significant adults.

Custody evaluation reports are prepared by trained custody evaluators, who have status as court experts and officers of the court. These reports are confidential and are only read by the courts.

The process of custody evaluation involves interviews with the parents, child(ren) and other significant caregivers. These sessions may be conducted individually or jointly and/or in any combinations with the necessary parties involved as often as necessary for the completion of the evaluation. There will also be observations of family interactions as part of the evaluation process. It is important that parties participate in the observation sessions as requested.

Interviews with children will be done by trained evaluators who will use a range of engagement tools in accordance to their developmental stage through play, drawing of pictures, or to tell his or her story in his or her own way. Children may experience a range of feelings about the divorce, while child(ren)’s thoughts, feelings and experiences are important, they will not be asked to choose between parents.

The duration of the process depends on the type of custody related reported that is ordered for. Typically, a full custody evaluation takes about three months from the first appointment date.

In the process of evaluations, the custody evaluator would make recommendations for interventions after the divorce conclude. The aim and objective of these recommendations is to help enhance relationships in divorced families and to ensure that the children’s well-being is safe guarded. The court may order for families to receive therapy and programs at agencies such as Divorce Support Specialist Agencies (DSSA), and/or other appointed therapist deem suitable.

During the initial process of applying for PPO in the FJC, a Court Family Specialist (CFS) would be assigned to attend to the applicant of the PPO.

Subsequently when the applicant and the respondent attend Court (Court Mention), when necessary they may be directed by the Court to see the CFS. In cases where there are multi-parties’ involvement, a Family Conference may be conducted by a CFS.

The CFS would seek to provide the necessary information on the application of PPO and cover safety issues with the applicant of the PPO. The CFS would also provide referral to the necessary support agency for the applicant when required.

At the Court Mention, if the applicant and respondent are directed to see the CFS, the CFS would seek to follow up on the safety issues and to assist the parties to understand more the matters of PPO. If deem suitable, CFS would also seek to assist the parties to reach a resolution on the matter of application of PPO. The same purposes would be applicable for a Family Conference.

The session with the CFS would be conducted in a private room and the details of the session would not be disclosed to the other family member(s) of the case (other than the details provided in the application or complaint form and the outcome of the session). If necessary, CFS would seek consent from the applicant or the respondent to share with the other person on what may be helpful for the other person to know. However, should the CFS assesses that there is an imminent risk of harm to parties or others, or there are allegations of serious child abuse, the CFS has the obligation to inform others to ensure safety of lives.

In most circumstances, it would be just the applicant speaking to the CFS at the initial session for the application of PPO. If need be, a support person such as a social worker or a family member may be involved in the session with the applicant.

At the Court Mention’s session, the CFS would take turn to speak individually with the applicant and the respondent. If need be, a support person such as a social worker or a family member may be involved in the session. In the event of a Family Conference, CFS may decide to see all parties in a joint session or to see parties individually subject to the nature of the case and the dynamic between the parties involved.

A session with the CFS may take around 30 to 45 minutes for the initial session at the application of PPO (excluding waiting time).

At the Court Mention, the session involving only two parties with CFS may take around 90 minutes in total (excluding waiting time). For a Family Conference involving multi-parties, the session may take around half a day to complete.

CFS will assess the needs of applicants or families and will make the necessary referral to appropriate community and social agencies to continue the support for families.

It would be helpful for the applicant to share openly with the CFS on their concerns and reasons for the application of PPO and to take up the necessary referral that the CFS may assist in.

At the Court Mention’s session or Family Conference, the applicant or respondent may want to take the opportunity at the session to clarify with CFS on any concerns or questions that he/she has on the matters of PPO. He/she may also want to take up the necessary referral that the CFS may assist in if necessary. If both the applicant and respondent are able to reach a resolution on the issues, a trial would likely not be needed for the case.

The Judge of the Youth Court may direct for a Family Conference to be conducted by a Court Family Specialist (CFS) for suitable cases especially when parties are in disagreement on the issues relating to the case.

The CFS would seek to facilitate a discussion between the parties for better understanding of the issues and concerns that the parties may have and to help them to reach a resolution on the issues if possible.

The Family Conference session would be conducted in a private conference room. The CFS would usually adopt both approaches of joint session and individual session at different points of the conference so that it can facilitates a better discussion of the issues and concerns for the parties.

The parties of the case and their lawyers/counsels (if represented) would be involved in the session. Professionals involved in the case may also be called into the session to provide the inputs for the considerations of the parties.

A session with the CFS may take up to a whole day subject to the complexity or nature of the case.

The CFS or the professionals involved may make recommendations to the Judge for the necessary counselling or specialised services. If the recommendations are accepted by the Judge, an order may be made by the Judge for the services.

Parties should come prepared to discuss on the issues and concerns with an open mind to make adjustments to their original positions when necessary. If parties are able to reach a resolution on the issues, a trial would likely not be needed for the case.