Statute Details
- Title: Women's Charter (Mediation, Counselling and Family Support Programmes — Prescribed Persons) Rules 2022
- Full Title: N/A
- Act Code: WC1961-S984-2022
- Type: Subsidiary Legislation (sl)
- Commencement Date: 30 December 2022
- Parts: N/A
- Key Sections: Section 2: For the purpose of section 139I(1)(b)(ii) of the Act, the prescribed class of persons is all parties who have one or more children below 21 years of age.
- Related Legislation: Infants Act 1934
What Is This Legislation About?
The Women's Charter (Mediation, Counselling and Family Support Programmes — Prescribed Persons) Rules 2022 is a piece of subsidiary legislation enacted under the authority of the Women's Charter 1961. The purpose of these rules is to prescribe the classes of persons to whom certain provisions of the Women's Charter relating to mediation, counselling, and family support programmes apply.
Specifically, the rules define the parties and individuals who may be advised or required to attend family support programmes under sections 139I and 139J of the Women's Charter. This legislation is part of Singapore's broader legal framework for supporting families and protecting the welfare of children during marital disputes and separations.
What Are the Key Provisions?
The key provisions of the Women's Charter (Mediation, Counselling and Family Support Programmes — Prescribed Persons) Rules 2022 are as follows:
Parties to Whom Section 139I Applies (Rule 2)
For the purpose of section 139I(1)(b)(ii) of the Women's Charter, the prescribed class of persons to whom this section applies is all parties who have one or more children below 21 years of age. This means that section 139I, which allows the court to order parties to attend mediation, counselling, or family support programmes, applies to any parties involved in a case under the Women's Charter who have minor children.
Persons Who May Be Advised to Attend Family Support Programmes Under Section 139I (Rule 3)
For the purpose of section 139I(2)(b)(iii) of the Women's Charter, the prescribed class of persons who may be advised to attend family support programmes includes:
- Guardians of the child appointed under the Guardianship of Infants Act 1934
- Persons who regularly have charge of or control over the child (whether solely or jointly)
- Persons able to exercise significant influence over how a party parents the child or the child's physical, mental, social, or psychological wellbeing
This allows the court to recommend that not just the parties to the case, but also other key individuals involved in the child's life, attend family support programmes to address issues affecting the child's welfare.
Persons Who May Be Advised to Attend Family Support Programmes Under Section 139J (Rule 4)
For the purpose of section 139J(2)(c)(iii) of the Women's Charter, the prescribed class of persons who may be advised to attend family support programmes includes:
- Guardians of the child appointed under the Guardianship of Infants Act 1934
- Persons who regularly have charge of or control over the child (whether solely or jointly)
- Persons able to exercise significant influence over how a party parents the child or the child's physical, mental, social, or psychological wellbeing
This provision is similar to Rule 3, but applies to the context of section 139J, which allows the court to order parties to attend programmes to address issues affecting the welfare of any children of the marriage.
How Is This Legislation Structured?
The Women's Charter (Mediation, Counselling and Family Support Programmes — Prescribed Persons) Rules 2022 is a relatively short piece of subsidiary legislation consisting of only four sections:
- Citation and Commencement - Provides the title of the rules and the date they came into effect (30 December 2022).
- Parties to Whom Section 139I Applies - Defines the class of persons to whom section 139I of the Women's Charter applies.
- Persons Who May Be Advised to Attend Family Support Programmes Under Section 139I - Prescribes the class of persons who may be advised to attend family support programmes under section 139I.
- Persons Who May Be Advised to Attend Family Support Programmes Under Section 139J - Prescribes the class of persons who may be advised to attend family support programmes under section 139J.
Who Does This Legislation Apply To?
The Women's Charter (Mediation, Counselling and Family Support Programmes — Prescribed Persons) Rules 2022 primarily apply to parties involved in cases under the Women's Charter who have one or more children below the age of 21. This includes the parties to the case, as well as other individuals who may play a significant role in the child's life, such as guardians, caregivers, and persons able to influence the child's wellbeing.
The rules prescribe the classes of persons to whom certain provisions of the Women's Charter relating to mediation, counselling, and family support programmes apply. This ensures that the court has the authority to order or recommend the attendance of relevant individuals at these programmes, with the goal of addressing issues affecting the welfare of children during marital disputes and separations.
Why Is This Legislation Important?
The Women's Charter (Mediation, Counselling and Family Support Programmes — Prescribed Persons) Rules 2022 are an important part of Singapore's legal framework for supporting families and protecting the welfare of children. By clearly defining the parties and individuals who may be subject to court orders or recommendations to attend mediation, counselling, and family support programmes, the rules help to ensure that the relevant persons are involved in the process of resolving family disputes and addressing issues that may affect the children.
The ability of the court to order or recommend the attendance of guardians, caregivers, and other influential individuals at these programmes is particularly significant, as it recognizes that the wellbeing of children is often influenced by a broader network of people beyond just the parents. By involving these key figures, the court can better address the complex dynamics and challenges that may be affecting the child's physical, mental, social, and psychological wellbeing.
Ultimately, the Women's Charter (Mediation, Counselling and Family Support Programmes — Prescribed Persons) Rules 2022 contribute to the overall goal of the Women's Charter to promote the wellbeing of families and protect the interests of women and children in Singapore. By providing a clear legal framework for the application of these important support programmes, the rules help to ensure that families in need can access the resources and assistance they require during difficult times.
Related Legislation
- Women's Charter 1961
- Guardianship of Infants Act 1934
Source Documents
This article provides an overview of the Women’s Charter (Mediation, Counselling and Family Support Programmes — Prescribed Persons) Rules 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.