Chief Justice Sundaresh Menon: Opening remarks at the 10th Anniversary of the Family Justice Courts

Opening Remarks at the 10th Anniversary of the Family Justice Courts 

“The Family Justice Courts: Our Journey over the Past Decade”

1.     Good evening. Let me begin by thanking all of you for joining us today as we celebrate this major milestone – the 10th anniversary of the Family Justice Courts (or “FJC”). When I took office as Chief Justice in 2012, one of the key items on my agenda was the reform of the family justice system. I recall one of the first family cases I heard in the Court of Appeal. A stack of bundles arrived in my room, consisting of affidavits that were oozing with venom and vitriol. I recall thinking that there had to be a better way to conduct family proceedings. The dissolution of marriage is inevitably an emotionally distressing time for all the parties concerned, and this is especially so when there are children involved. To force the parties to “lawyer up” in the aftermath of a marriage that has broken down seemed to me to be both counter-intuitive and counter-productive. 

3.     While we should rightly celebrate all that we have accomplished, this occasion also allows us to take stock of the developments that have taken place and to reflect on what else we can do to improve the experience of our users. 

4.     I want to begin by briefly outlining the transformation in our family justice system that is encapsulated in today’s theme: “Building Hope, Embracing Change”. 

5.     There have been broadly two major sets of reforms to our family justice system.⁽¹⁾ The first began in 1995 with the establishment of the Family and Juvenile Justice Division of the then Subordinate Courts, followed by the physical consolidation of the Family and Juvenile Courts under one roof in 2001.⁽²⁾  These changes stemmed from the growing realisation that we had to think of family justice as a unique area of practice and not just as another aspect of civil justice. The subsequent years also saw the introduction of voluntary mediation and counselling, and this eventually led to initiatives such as the establishment of the Counselling and Psychological Services Department (or “CAPS”) in 2008, and the move to make mediation and counselling compulsory for divorcing couples with children under the age of 21.⁽³⁾ 

6.    But there was still much more that could be done to fundamentally change the way we managed and resolved family disputes, and to shift towards a more child-centric interest-based approach. And so it was that I announced, at the Opening of the Legal Year in 2013, the establishment of the inter-agency committee that I mentioned earlier and this initiated what has been described as the “second wave” of reforms to our family justice system.⁽⁴⁾

7.    The Committee delivered its recommendations in 2014, and one of its key recommendations was that we establish a new body of courts to hear all family-related cases. To better manage these cases, the Committee also recommended the implementation of differentiated tracks depending on the nature of the case, and the shift towards a judge-led model instead of the party-led approach that is generally adopted in civil proceedings. 

8.     The Committee’s recommendations were accepted by the Government and resulted in the enactment of the Family Justice Courts Act and the establishment of the FJC in 2014, with an expanded jurisdiction to hear and deal with the entire spectrum of family disputes ranging from divorces, family violence cases and probate matters.⁽⁵⁾ As I said at the opening of the FJC, these changes went beyond mere nomenclature and marked a coming of age.⁽⁶⁾ And that is because while the judges in the Family and Juvenile Division had already been dealing with divorce cases, the Act gave jurisdiction over family proceedings to a dedicated court system and this allowed us to apply, develop and reshape family justice in a way that was apt for its unique needs. 

9.     There were two other key advantages in bringing the entire range of family-related work under one judicial roof.⁽⁷⁾  First, that would allow issues which come before the court to be situated within the broader narrative of each family and its particular history. This is especially important for family cases because social science research informs us that family disputes often result from, and give rise to, a complex web of interrelated family issues. And second, the establishment of the FJC meant that we could tap on the specialist skills and temperament of a dedicated team of judges and court specialists to tackle the entire range of family issues, within a bespoke and contextualised procedural architecture.⁽⁸⁾  Following from this, a key aspect of the second wave of reforms has been the creation of a standalone set of procedural rules known as the Family Justice Rules, which first came into operation in 2015. 

10.     While the launch of the FJC was a watershed moment in the development of our family justice system, we have seen that it is still very much a work in progress. It was in that spirit that the Committee to Review and Enhance Reforms in the Family Justice System (or “RERF Committee”) was established in November 2017, to build on the work of the Committee for Family Justice. 

11.     The recommendations submitted by the RERF Committee were accepted by the Government in 2020. Some of these recommendations have already been implemented, with others set to come through the pipeline in the immediate future. For example, a new set of Family Justice Rules, which represents a complete overhaul of the procedural regime governing family cases, came into effect just last Tuesday. The new Rules introduce several significant changes, most notably the strengthening of the judge-led approach by equipping family judges with a wider range of tools, so as to ensure that cases can be resolved effectively, proportionately and expeditiously while reducing acrimony, costs and time.⁽⁹⁾

II.     A Vision of Therapeutic Justice: “Building Hope” 

12.     But perhaps the most significant and consequential change in our family justice system was the formal adoption, in 2020, of the concept of therapeutic justice (or “TJ”) as an overarching philosophy.⁽¹⁰⁾ TJ was pioneered in the 1980s and 1990s by two mental health and disability law professors, David Wexler and Bruce Winick. Its core idea is to recognise that the law is a social force that can produce both therapeutic and anti-therapeutic consequences to families and their children, and that we should as far as we can maximise the therapeutic potential of the law – not only in our substantive laws and procedural frameworks but also through the behaviour and conduct of our family judges and lawyers. I have suggested previously that this means that our family justice system must strive towards three key objectives: first, it must be holistic, in that we should address not only the legal issues that the parties present before us but also as far as possible their underlying non-legal causes; second, it must be restorative, in the sense that the law should heal the parties’ relationship and repair it at least to a minimally functioning state; and third, it must be forward-looking, in that we should build hope and encourage the parties to create a mutually acceptable future together by focusing on their shared interests.⁽¹¹⁾

13.     Since its formal adoption, much work has been undertaken to integrate and to operationalise the implementation of TJ within our family justice system. I am really pleased to announce that these efforts have now borne fruit in the form of the new “TJ Model”. As you will soon see from the presentation put together by the FJC team, the Model reflects a refreshed and renewed approach towards family cases that is informed and driven by TJ principles, and it represents a pivotal step in our efforts to deliver justice that heals and brings hope to distressed families.

14.     The Model is a joint labour of love of the FJC judicial officers and staff, as well as members of the TJ Consultative Committee which comprises representatives from the Bench, the Bar, academia, government ministries and departments, and specialists and volunteers from the entire family justice ecosystem. I extend my deepest appreciation to all of you for the tremendous work that has gone into this effort which will provide concrete expression to our vision of TJ. I also thank the Family Law Practice Committee of the Law Society and members from the various social service agencies for their support during the consultation sessions on the TJ Model, and we are grateful to everyone who participated in these sessions for the valuable input they gave us.⁽¹²⁾ 

15.     Our family justice system would not be where it is today without the collective efforts of all our stakeholders. In particular, I would like to acknowledge the strong collaborative support that we have received from the Ministry of Social and Family Development and the Ministry of Law, who we see as partners in our venture to dispense sound family justice. Our shared mission to build a Singapore that is “Made for Families”⁽¹³⁾  – including those that are facing challenges – has indeed been a whole-of-society effort, a point that Minister Masagos has rightly emphasised.⁽¹⁴⁾ By working closely together, we are not only developing a unique approach to resolve family disputes, but we are also building, from the ground up, the institutions and support networks that will be necessary for the effective administration of family justice. 

16.     For instance, before a family dispute even reaches the court, families in distress may already have been assisted by professionals from the Family Service Centres, the specialist agencies for family violence and divorce or the social service agencies. For matters that do proceed to court, the parties can tap on the services provided by the Legal Aid Bureau, the Community Justice Centre and the various volunteer programs administered by our three law schools. And our family judges are able to tap on the expertise of experts such as those from the Panel of Therapeutic Specialists or the Panel of Financial Experts.

17.     I am delighted that many of those whom I have mentioned are present here today to join us in this celebration, and I would like to extend my heartfelt thanks to all of you for your tremendous support and contributions over the past decade.

18.     Let me close by thanking the FJC organising team for putting together this event so that we can all take stock of what we have accomplished together. There is much work still before us. But with the support of our stakeholders and partners, I am confident that, in the words of the new FJC anthem that will be unveiled shortly, we will all, together, keep “pressing on” with the task ahead. I look forward to seeing all that the FJC will achieve in the coming years and decades. 

19.     Thank you so very much.