File an application to enforce a child access order

Apply to enforce a child access order 

You may consider applying to enforce a child access order where your spouse or ex-spouse has breached an access order. If you are filing the application, you are the applicant. If an application is filed against you, you are the respondent. All applications are to be filed in the Family Courts via eLitigation.

If your spouse or ex-spouse has breached an access order, this breach must have taken place. For each breach, you must choose to either file an application to enforce the child access order or to bring contempt proceedings against the respondent but not both.

For breaches before 2 January 2025, your recourse is to commence contempt proceedings.

Before you file 

The child access order that you are seeking to enforce must be one of the following:

• A child access order obtained under the Guardianship of Infants Act.
• A child access order obtained under the Women’s Charter. (This includes access orders made on any date by the Family Justice Courts or General Division of the High Court)
• A child access order obtained under the Administration of Muslim Law Act.

What you need to file

The following forms as set out in the table below, will need to be filed. This is only meant as a guide and should be read subject to Part 3A of the Family Justice (General) Rules 2024 and the Family Justice Practice Directions 2024.

How to file 

You may choose to file the documents personally or through a lawyer. If you have a lawyer, the documents will be filed by your lawyer.

If you are representing yourself, you must file the application via eLitigation at the LawNet & CrimsonLogic Service Bureau. 

How to serve

Once the documents are accepted by the court, you must personally serve the accepted documents on the respondent as soon as possible from the date of issue. This is to alert the respondent that you have filed an application to enforce a child access order. 

You can serve the sealed copies on the respondent by:

Estimated fees 

You may refer to Part 1, Divisions 1, 2 and 4 of the Third Schedule of the Family Justice (General) Rules 2024 for the applicable filing fees. 

After the application is filed and served

If you are the respondent and you wish to contest the application, you will have to file and serve your reply affidavit on the applicant within 14 days from the date you receive the documents (if you are served in Singapore).

At your case conference

The applicant and respondent will both need to attend a court session known as a case conference. The date and time of the case conference will be mentioned in the sealed originating application.

At the case conference, the court will provide the necessary directions to prepare the case for hearing. Once the case is ready, the matter will be fixed for a hearing.

Arriving in court

If you have a lawyer, you do not have to attend the case conference yourself. Similarly, if the other party has a lawyer, their lawyer will attend the case conference. Some court sessions such as case conferences may be conducted virtually. The court will inform you if you do not need to attend court in person. Find out more about virtual court sessions.

For the hearing, the court will send a Registrar’s Notice to notify parties (or their lawyers, if any) of the date of the hearing which will be in-person. If you are representing yourself, on the day of your case conference or hearing, you should:

• Arrive early and find your way to the venue.
  • Refer to the building directory for more information.
• Confirm your case is heard in the venue you are about to enter. Inform the court officer (if any) before entering.
• Dress neatly and appropriately when attending court.
  • Refer to the visitors' guide for the dress code.
• Speak and conduct yourself in a courteous manner.

At your hearing of the application to enforce the child access order

You will need to show to the court that there has been a breach of the child access order. Once you have shown that there has been a breach, the respondent will be directed to show cause (for example, to show that there has been no breach) and given an opportunity to explain his/her failure to comply with the child access order. The court will consider all the evidence provided before determining the application and making the appropriate orders. 

On the day of the hearing, both parties (and their lawyers, if any) are required to attend court. A summons may be issued to require your attendance in court. If you have been served with a summons and fail to attend court, a warrant to arrest may be issued against you.

What are the possible court orders?

One or more of the following orders could be made at the hearing:

• Make up access.
• Respondent to compensate the applicant’s reasonable expenses incurred as a result of the breach.
• Counselling for the applicant, respondent, and/or the child/children.
• Mediation to be attended by the applicant, respondent, and/or the child/children.
• Therapeutic or educational programmes to be attended by the applicant, respondent, and/or the child/children.
• Family support programmes to be attended by the applicant, respondent, and/or the child/children.
• Compliance bond to be executed by the respondent.
• A fine not exceeding $20,000 or imprisonment for a term not exceeding 12 months or both.

Compliance bond

If you are the respondent, you may be ordered to execute a bond to secure your future compliance with the access order. This is known as a compliance bond.

You must comply with the conditions stated in the compliance bond until it is discharged or when it expires (for example, at the end of the bond period). Refer to Application for Discharge of the Compliance Bond below.

If you fail to comply with the conditions of your compliance bond prior to the expiry of the bond period, the applicant may apply to forfeit your compliance bond, either partially or fully. Refer to Application for Forfeiture of Bond below.

If you fully comply with the conditions of the compliance bond, on expiry of the compliance bond, the security will be released to you. In such instances, you would need to make a request for a refund of the compliance bond, and this will be processed by the court accordingly.

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