Rationale for Differing Remedies Under Sections 126A and 126B of Women's Charter 1961 and Assessing Effectiveness of Section 126A

Mr Dennis Tan Lip Fong asked the Minister for Social and Family Development (a) what policy considerations justify the differing remedies under sections 126A and 126B of the Women's Charter 1961; and (b) given that section 126A application data is not captured, how will its effectiveness be assessed, including whether data will be collected from the courts, Family Service Centres and Divorce Support Specialist Agencies.

Answer:

             The differing remedies under sections 126A and 126B of the Women’s Charter reflect the distinct circumstances that these provisions address.

2.          Where the child has left or been removed from the physical custody of the parent holding custody or care and control of the child, the priority is to return the child to that parent to protect the child’s welfare and restore stability. Section 126A of the Women's Charter therefore allows the Court to order the child’s return.

3.          On the other hand, Section 126B addresses the specific difficulties faced by parents seeking to enforce child access orders. There is thus a broader range of measures to address the underlying issues and facilitate compliance with access orders.

4.          While applications under Section 126A are not captured separately in the Courts’ existing data, the Ministry of Social and Family Development (MSF) will continue to work with the Family Justice Courts and relevant social service agencies to monitor and assess the challenges faced by families in securing the return of children.