What is the Child Custody Process in Syariah Law?

Unlike marriage, divorce is a stressful situation. Most of the time, divorce can be a difficult and emotional process. Particularly when young children are present. The Syariah Court of Singapore is authorised by law to hear and rule divorce cases involving Muslim couples in Singapore.
In addition to this, the court should also make decisions about the custody of the children. Is this your current situation? You must be wondering about what legal procedures it holds. Aren't you? So to help you understand better, here is the child custody process in Syariah law firm.

Syariah Law Child Custody Process

Syariah law firm provides clear guidelines that establish a child's custody following a parent's divorce. The process includes :

● A younger child will typically be left in the care of their mother, however, an older child will be asked which parent they would choose to remain with following the divorce.

● A mother also forfeits her parental rights if she marries again. The Court may also allow a child to remain with his or her mother despite the fact that the mother has remarried if doing so is in the child's best interest or welfare.

● If in the circumstances of the Syariah child custody, the court determines that the child's welfare or best interest will be best served if he or she is placed in the mother's care instead, the court may disregard the 12-year-old child's request to live with his or her father.

● Unless it can be proven that one of the divorced couples has abused or used violence against the child, "joint custody" of the child is typically granted to the couple.

● The term "care and control" refers to the authority to decide on a child's regular activities. The parent who is given custody and control of the child will reside with them and provide for their needs.

● The term "access" describes the parent's ability to see and be with a child even though they are not in charge of their care and upbringing. In accordance with the agreement with the other parent, the parent's access may also be "reasonable" and without any set days, times, or durations.
However, according to the particulars of each case, access orders might take many different forms.

Will there be any Connection with Children after Divorce Processing?
People frequently make decisions without taking into account all relevant variables, including what will be best for the children after a divorce.
It's a misconception that after a divorce, parents have no further obligation to communicate with one another under Syariah's child custody.
The truth is that they must continue to collaborate for the sake of their children, whether they like it or not, or at least until the children are grown. It is crucial to realize that the well-being of the children is the most important factor in any procedure involving children.

This is prioritized over the parents' needs and desires. Therefore, for the benefit and welfare of their children, the ex-spouses must cooperate and maintain continual communication when it comes to custody, care, and management of the child.