You should be a party in a Family Courts case, such as the:
You can appeal a judgment, order or decision made by a district judge or magistrate in the Family Courts.
The appeal will be heard by the Family Division of the High Court.
Any appeal must be filed within 14 days after the date of the court decision. Otherwise, the Notice of Appeal will be rejected. You do not need a physical court order to file an appeal.
If you miss the deadline, you will have to file an Originating Summons in the Family Division of the High Court to apply for an extension of time. This must be supported by an affidavit explaining your reasons for the application. (If you have not missed the deadline but wish to ask for more time to appeal, you may file a Summons in the Family Courts.)
In some cases, you may need to provide security for costs to file an appeal. Security for costs serves as a deposit for the other party's costs of appeal.
If you are appealing against any of the following orders, you must provide $3,000 as security for costs. (This list is from Rule 821 of the Family Justice Rules.)
Security for costs is required to appeal any of the following orders under the Women's Charter:
Security for costs is required to appeal the following order under the Administration of the Muslim Law Act:
Security for costs is required to appeal any adoption order made under the Adoption of Children Act.
Security for costs is required to appeal any order under the Guardianship of Infants Act 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.
Security for costs is required to appeal any order made under Part III (other than Section 9 or 10) of the International Child Abduction Act.
Security for costs is required to appeal any order made under Section 4 of the Legitimacy Act.
Security for costs is required to appeal any order for the enforcement of a maintenance order made under the Maintenance of Parents Act pursuant to Section 10 of that act.
Security for costs is required to appeal any provisional maintenance order made under the Maintenance Orders (Reciprocal Enforcement) Act.
Security for costs is required to appeal any of the following orders under the Mental Capacity Act will require security:
Security for costs is required to appeal any of the following orders:
Security for costs is required to appeal any order made under the Status of Children (Assisted Reproduction Technology) Act.
Security for costs is required to appeal any order made under Section 17A(2) of the Supreme Court of Judicature Act.
Security for costs is required to appeal any order made under the Voluntary Sterilization Act.
Security for costs is required to appeal any order made under Division 1, Division 2 or Division 3 of Part 2 of the Vulnerable Adults Act, or any order made under Part 4 of the Vulnerable Adults Act.
Security for costs must be deposited with the Accountant-General's Department (AGD).
If you are represented by a lawyer for the appeal, you may consult your lawyers on the filing of an undertaking for the security for costs on your behalf.
If you are not represented for the appeal, you may follow the relevant process, depending on how your case was filed in the Family Courts.
If you have been filing documents through the LawNet & CrimsonLogic Service Bureau, then your case is an eLitigation case.
If your case was concluded before 2004, your case is a manual case.
Visit the LawNet & CrimsonLogic Service Bureau and file a Direction to Accountant-General for Payment-In and obtain a copy of the declaration form. You will be required to make a return trip to CrimsonLogic Service Bureau to collect the accepted Payment-In.
After this is accepted by the court, you will need to make the bank transfer of the deposit. You should ensure that the transfer is successful before emailing a copy of the accepted Payment-In, signed declaration form, and proof of bank transfer to VITAL_FS_Receivable@vital.gov.sg. Upon successful receipt of the documents, VITAL will issue a receipt. E-payments are strongly encouraged. The processing time for the security deposit submission is 1 clear working day.
Note: The appeal timeline will continue to run during any processing time. Please contact VITAL directly if the processing time is longer than expected.
You will receive a receipt for the deposit. You will need to submit this receipt when filing the appeal.
These cases are filed in the Integrated Family Application Management System (iFAMS):
If your case was filed in iFAMS, visit the Maintenance Registry in the Family Justice Courts to file a Direction to Accountant-General for Payment-In and obtain a copy of the declaration form and the accepted Payment-In. You will need to pay $20.
After this is accepted by the court, you will need to make the bank transfer of the deposit. You should ensure that the transfer is successful before emailing a copy of the accepted Payment-In, signed declaration form, and proof of bank transfer to VITAL_FS_Receivable@vital.gov.sg. Upon successful receipt of the documents, VITAL will issue a receipt. E-payments are strongly encouraged. The processing time for the security deposit submission is 1 clear working day.
You will receive a receipt for the deposit. You will need to submit this receipt when filing the Notice of Appeal.
Refer to the key facts about filing an appeal against a decision by a Family Courts district judge or magistrate.
Who can file | |
When to file | Within 14 days after the date of the judgment, order or decision. |
Estimated fees | Refer to this list. |
How to file | Through eLitigation. |
The party who files the appeal is the appellant. The other party is the respondent.
The filing fees vary depending on whether the decision you are appealing against falls within the list of orders that require security for costs.
If security for costs is needed |
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If security for costs is not needed |
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Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.
If your appeal requires security for costs, you must submit the security deposit before filing the appeal.
You may choose to file personally or through a lawyer. If you are represented by a lawyer, the application will be filed by your lawyer.
If you are not represented by a lawyer, follow these steps to file an appeal.
Step | Result |
---|---|
1. File the Notice of Appeal | Your application is filed in the court's system. |
2. Collect the accepted Notice of Appeal | You receive a copy of the Notice of Appeal that has been endorsed by the court. |
3. Serve the Notice of Appeal | You inform the respondent of your application. |
4. Collect and review the record of proceedings | You read the record of proceedings and decide if you want to continue with the appeal. |
5. File and serve the record of appeal and required documents | Your appeal will proceed if you file the documents within the required timeframe. |
When: within 14 days of the court decision
Visit the LawNet & CrimsonLogic Service Bureau to file the Notice of Appeal (Form 165, Family Justice Courts (FJC) Practice Directions) and pay the filing fees.
If your appeal requires security for costs, you need to file a Certificate for Security for Costs (Form 166, FJC Practice Directions) together with the Notice of Appeal. The Certificate for Security for Costs must include the receipt for the security deposit. Softcopy receipt may be accepted as a single pdf file stored in a flash drive for submission at the Service Bureau counter. Otherwise, you may bring a hardcopy receipt.
When: after you receive a notification
If the court accepts your Notice of Appeal, the Service Bureau will inform you via email or SMS. The Service Bureau will inform you to return to collect the Notice of Appeal endorsed by the court. The endorsed Notice of Appeal will bear a court seal.
You must serve the endorsed copy of the Notice of Appeal on the respondent according to the timelines set out in the rules. You can give them a copy of the document in any of the following ways:
When: after you receive a notification
You will receive a Notice of Collection from the court via email or post informing you to collect the record of proceedings. This is usually within 3 months of filing the Notice of Appeal.
The record of proceedings includes:
The record of proceedings is chargeable and you will be required to make payment before it is released to you. The cost of the record of proceedings is $8 per document and $5 per page.
To continue with the appeal, you will need to file the following documents via eLitigation within the required timeframe. The exact documents and timeframe depend on whether the decision you are appealing against falls within the list of orders that require security for costs to appeal.
To proceed with the appeal, you need to file the following documents via eLitigation within 1 month of the date of the Notice of Collection:
The record of appeal should include a copy each of the:
Note: You should also include any other documents that are relevant to the matter or the nature of the appeal.
The Appellant's Case is a document that states the following points:
Note: It should be formatted as numbered paragraphs and be as concise as possible.
Refer to Rules 827 and 828 of the Family Justice Rules for more information.
To proceed with the appeal, you need to file the following documents via eLitigation within 7 working days of the date of the Notice of Collection:
The record of appeal should include a copy each of the:
Note: You should also include any other documents that are relevant to the matter or the nature of the appeal.
The appellant's submissions should include:
Refer to Paragraph 125 of the FJC Practice Directions for more information.
Visit the LawNet & CrimsonLogic Service Bureau to file the record of appeal and the other prepared documents.
You will also need to serve the documents on the respondent in any of the following ways:
Before the appeal hearing, the court may schedule a pre-trial conference to give you and the respondent directions on what to do for the case to proceed to a hearing.
If the case is ready for a hearing, the court will inform you of the date and time of the hearing either during the pre-trial conference, or through a Registrar's Notice sent to you via email or post. Both you and the respondent must attend the appeal hearing.
Tip: If you are unable to attend, you must email fjc_family_registry@judiciary.gov.sg immediately to request a later hearing date and state the reasons for your request. If possible, do obtain the other party's consent.
The court will decide whether to allow or dismiss your appeal.
This is the general process during an appeal hearing:
The court may issue a decision on the day of the hearing or choose to reserve judgment. If the court chooses to reserve judgment, you will receive further directions on what happens next.
There are 2 possible outcomes:
If your appeal is allowed | You get some or all of the changes you asked for, either in full or in part. The court may vary or overrule the original court’s decision, or make a new order. |
If your appeal is dismissed | There are no changes to the original court's decision. |
Either party may extract the orders made by the court.
If there are no cost orders made against you, the security for costs will be refunded.
You should seek an order from the hearing judge for the release of the security for costs.
Visit the LawNet & CrimsonLogic Service Bureau to file a Direction to Account-General for Payment Out. You should also bring any supporting documents showing that the cost has been paid to the respondent. Any supporting documents should be e-filed under the document code “Other Supporting Document”.
When the documents are accepted by the court, email a copy to VITAL_FS_Receivable@vital.gov.sg. VITAL will advise on the refund of the security deposit.
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreLegislation associated with this topic includes:
You can retrieve your security for costs by filing a request known as payment out.
For cases filed in eLitigation or manual cases (concluded before 2004):
For cases filed through iFAMS:
If you want to withdraw your appeal, you will need to file a Notice of Withdrawal through eLitigation. The estimated filing fee is $50.
Please indicate all of the following:
If the other party filed an appeal, you will receive a Notice of Appeal from them. After that, if they wish to proceed with the appeal, they will serve the record of appeal, Appellant's Case or submissions, and other documents on you.
What you need to do next depends on the type of appeal filed against you:
You will need to file the Respondent's Case to the Family Courts via eLitigation within 1 month of the service of the record of appeal and the Appellant's Case.
The Respondent's Case is a document that states the following points:
Note: It should be formatted as numbered paragraphs and be as concise as possible. Refer to Rule 828 of the Family Justice Rules for more information.
If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file the documents. The estimated fee is $300. (This does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.)
After you file, you need to serve the documents on the appellant. This means giving them a copy of the documents in any of the following ways:
You will need to file the respondent's submissions to the Family Courts via eLitigation within 7 days of the service of the record of appeal and the Appellant's Case.
The respondent's submissions should include:
Refer to Paragraph 125 of the FJC Practice Directions for more information.
If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file the documents.
After you file, you need to serve the documents on the appellant. This means giving them a copy of the documents in any of the following ways: