Originating Application for Children Orders
Last updated
Last updated
Originating Application for Children Orders
Summons for Children Orders
(1) Case Information
Party List
This is only applicable to the Originating Application.
Fig 1. Click on “Add Party”. You will need to add at least one party in order to proceed with the rest of the application.
Fig 1a. Enter all the mandatory information. Click “Save” when you are done.
Application
This section is only applicable for the Originating Application.
Fig 2. Click “Add Nature of Case” to add a Nature of Case to your Application.
Fig 2a. Select the applicable Nature(s) of Case.
If “Others” is selected, enter the section number.
Click “Add” when you are done to add the selected Nature of Cases to the table in Fig 2.
Endorsements
This section is only applicable for the Originating Application.
Fig 3. Select the type of Originating Application you are filing.
Children
Note: Fig 4 is only applicable for the Summons.
Fig 4. Indicate if you wish to use the child(ren)’s information in the following summons.
Note: Figs 4a ‒ 4b are applicable for both the Originating Application and Summons.
Fig 4a. Click “Add Child Details” to provide details of each child.
Fig 4b. Enter the child’s details. The full list of the details required is below:
NRIC/FIN/Passport Number
Name
Gender
Date of Birth
Age
Any health condition or disability which affect the child’s living expenses or care arrangements?
Is the child protected by an existing Personal Protection Order?
Are there existing Youth Court order(s) or ongoing Youth Court proceedings?
Is there an existing voluntary arrangement with the Child Protection Services under the Ministry of Social and Family Development?
Is there an existing court order for this child’s maintenance?
Is there an existing court order for this child's living and contact arrangements?
Are there other court orders such as adoption orders or orders under the Mental Capacity Act 2008?
Click “Add” when you are done.
Orders
Fig 5. The categories of orders that are applicable to the current application will be shown here. Clicking a category will allow you to select further sub-categories to specify the order to be sought.
For “Guardianship” orders, refer to Fig 6.
For “Children” orders, refer to Fig 7.
For “Maintenance” orders, refer to Fig 8.
Guardianship Orders
Fig 6. Click on “Appointment of Guardian”, and refer to Fig 6a.
Fig 6a. 3 orders are available under this sub-category. Click on “Select order” to begin creating the order:
Appointed as guardian, refer to Fig 6b.
Appointed in place, refer to Fig 6c.
Appointed to act together with, refer to Fig 6d.
If you wish to create a custom order, refer to Fig 6e.
Fig 6b. Select the Filing Party that will be appointed as a guardian, and enter the names of the child(ren) they will have guardianship over. Click “Create order” to finish creating the order.
Fig 6c. Enter the name of the parent / guardian that the guardian will be appointed in place of. Click “Create order” to finish creating the order.
Fig 6d. Enter the name of the parent / guardian that the guardian will be appointed to act together with. Click “Create order” to finish creating the order.
Fig 6e. Select the relevant category for the custom order, and enter the details in the text box provided. Click “Create Order” to finish creating the order.
Children Orders
Fig 7. Select the sub-category which represents the order to be sought.
For “Custody”, refer to Fig 7a.
For “Care and Control”, refer to Fig 7b.
For “Access”, refer to Fig 7c.
Fig 7a. Click on “Select order” to begin creating the joint custody order, and proceed to Fig 7a(i).
If you wish to create a custom order, refer to Fig 6e.
Fig 7a(i). Select the child/ren of the marriage that the parties shall have joint custody over, and click “Create order” to finish creating the order.
Fig 7b. Click on “Select order” to begin creating the order for sole care and control, and proceed to Fig 7b(i).
If you wish to create a custom order, refer to Fig 6e.
Fig 7b(i). Select the party who shall have sole care and control of the child/ren of the marriage, and indicate the name of the child/ren. Click “Create order” to finish creating the order.
Fig 7c. 2 orders are available under this sub-category. Click on “Select order” to begin creating the order:
Reasonable Access, refer to Fig 7c(i)
Repeating Scheduled Access, refer to Fig 7c(ii)
If you wish to create a custom order, refer to Fig 6e.
Fig 7c(i). Select the party who shall have reasonable access to the child/ren, and click “Create order” to finish creating the order.
Fig 7c(ii). Select the relevant options regarding the party, date and time of the repeated scheduled access, and click “Create order” to finish creating the order.
Maintenance Orders
Fig 8. Select the sub-category which represents the order to be sought.
For “Maintenance for children”, refer to Fig 8a.
For “Methods of Payment”, refer to Fig 8b.
Fig 8a. Click on “Select order” to begin creating the order for periodic maintenance for children, and proceed to Fig 8a(i).
If you wish to create a custom order, refer to Fig 6e.
Fig 8a(i). Select the relevant options regarding the party, the amount of maintenance payable, for which child/ren and when this will take effect. Click “Create order” to finish creating the order.
Fig 8b. Click on “Select order” to begin creating the order for methods of payment, and proceed to Fig 8b(i).
If you wish to create a custom order, refer to Fig 6e.
Fig 8b(i). Select the relevant options regarding the party and the method of payment. Click “Create order” to finish creating the order.
Fig 9. Click “View your orders” to view a summary of your orders, and make amendments if necessary. Click “Close” when you are done.
Other Relief(s)
Fig 10. If the Applicant is seeking any other relief(s), click “Add Prayers” and proceed to Fig 10a.
Fig 10a. Provide the details of the reliefs sought in the textbox provided. If you would like to add another prayer, click on “Add Prayers” again.
Costs
Fig 11. Select the manner in which the costs of this summons the applying party is asking to be ordered.
If “Costs to be paid by” is selected, provide the name or party that will pay the costs.
If “Others” is selected, provide details of how the costs will be paid.
Supporting Documents
Fig 12. Click “Add Document” to add supporting documents for the Originating Application / Summons.
Fig 12a. Enter the number of “Other document” that you wish to add, and click “Add”.
Affidavit Deponent
Fig 13. Click “Add Deponent”. You will need to add at least 1 deponent in order to proceed with the rest of the application.
Fig 13a. Select the deponent of the affidavit. Upon selection, the party’s details will be displayed. Click “Add”. If the deponent is not a party to the proceedings, select “Others” to add them to the deponent list (refer to Fig 13b).
Fig 13b. Provide the necessary details. Click “Add” when you are done, and the details will be added to the table in Fig 13.
Fig 13c. Enter the details accordingly.
Relationship
Fig 14. Select the Filing Party’s relationship to the children.
If “Parent or Court-appointed guardian” is selected, proceed to Fig 14a.
If “Parent(s) are deceased / [Filing Party] is the guardian appointed by the deceased parent” is selected, proceed to Fig 14b.
If “Other relationships” is selected, proceed to Fig 14c.
Fig 14a. State the Filing Party’s relationship to the child(ren).
Fig14b. Select the parents that are deceased.
If “Father” is selected, proceed to Fig 14b(i).
If “Mother” is selected, proceed to Fig 14b(ii).
Fig 14b(i). Enter the father’s name and date of death.
Fig 14b(ii). Enter the mother’s name and date of death.
Fig 14b(iii). Select the applicable option.
If “[Filing Party] is a guardian appointed by the deceased parent and the child(ren) has a surviving parent” is selected, proceed to Fig 14b(iv).
If “There are no surviving parent(s) of the child(ren) and no guardian has been appointed by the child(ren)’s deceased parent(s)” is selected, proceed to Fig 14b(v).
If “[Filing Party] is the guardian appointed by the deceased parent(s) and the child(ren) has no surviving parent(s)” is selected, proceed to Fig 14b(vi).
Fig 14b(iv). Provide details of the situation by answering these questions.
Fig 14b(v). Provide details of the situation by answering the question.
Fig 14b(vi). Provide details of the situation by answering these questions.
Fig 14c. Explain the Filing Party’s relationship to the child(ren), and whether he or she is applying for return of the child to the lawful guardian.
If “Yes” is selected, proceed to Fig 14c(i).
If “No” is selected, proceed to Fig 14c(ii).
Fig 14c(i). Explain why the Filing Party should be considered the lawful guardian of the child.
Fig 14c(ii). State if the Filing Party is applying to remove or substitute a guardian.
If “Yes” is selected, you may proceed to Fig 15 (Connection with Syariah Court Divorce).
If “No” is selected, proceed to Fig 14c(iii).
Fig 14c(iii). Explain the special circumstances which would allow the Filing Party to file this application despite not having the required connection to the child(ren).
Connection with Syariah Court Divorce
This section will not appear in the Summons.
Fig 15. State if the children were born of a marriage under Islamic law.
If “No” is selected, proceed to Fig 16 (Children Care Arrangements).
If “Yes” is selected, proceed to Fig 15a.
Fig 15a. State if there are any ongoing divorce proceedings between the parents in Syariah Court.
Children Care Arrangements
Fig 16. Click “Add Living Arrangements” to provide details of the child(ren)’s living arrangements.
Fig 16a. Enter the necessary details. These include:
Present arrangements
State who is the child(ren) living with presently.
Provide brief details of this arrangement.
State all other adults who are living with the child(ren) and how they are related to the child(ren).
State when this arrangement started.
Is this arrangement due to an existing court order?
No
Yes
State the date of the court order
Provide brief details of court order
If the child(ren) are not living with either parent, state if the child(ren) have contact with the parent(s) who is not living with the child.
Provide details of the most recent contact.
Provide details of the financial support for the child(ren).
Proposed future arrangements
State who the child(ren) will live with in future.
Provide brief details of this arrangement.
State the contact which the child(ren) will have with the parent who is not living with the child(ren).
Provide details of the financial support for the child(ren).
Click “Add” when you are done to add the details to the table in Fig 16.
Fig 17. State if there are any significant issues relevant to care and contact arrangements for the child(ren), and reasons for the proposed future arrangements, as well as any details to support the statements.
Sources of Income
Fig 18. Click on “Add Source of Income” to add a source of income of the Filing Party.
Fig 18a. Provide the details of the source of income of the Filing Party. Click on “Add” when you are done to add the source of income to the table in Fig 18.
* “State who is the income-earner” field is only applicable if the filing party is a non-parent.
Family Expenses
Fig 19a. Enter the amount spent monthly on each personal expense item. Click “Update” when you are done to add the details to the table in Fig 19.
Children Expenses
Fig 20a. Enter the amount spent monthly on each children expense item and provide details (if any). Click “Update” when you are done to add the details to the table in Fig 20.
Financial Resources and Standard of Living
Fig 21. Click on “Add Financial Resources” to add a financial resource available to the Filing Party.
Fig 21a. Provide the details of the financial resource. Click “Add” when you are done to add the details to the table in Fig 21.
Fig 22. Declare and explain if there are any circumstances which would affect the Filing Party’s income or their ability to maintain their children.
Fig 23. If the Filing Party would like the Court to consider the standard of living enjoyed by the child(ren), provide details in this field.
Reasons for the Application
Fig 24. Provide details for the reasons for the application and why the application is in the best interests of the child(ren).
Summary of Claim
Note: Fig 25 is only applicable for the Originating Application.
Fig 25. Select the claims that the Filing Party is asking for.
If “Others” is selected, provide details in the textbox.
Note: Fig 25a is only applicable for the Summons.
Fig 25a. Select the claims that the Filing Party is asking for.
If “Others” is selected, provide details in the textbox.
Affirmation
Fig 26. State if the Filing Party swears to or affirms the document. Provide details of the date and place that this document was sworn / affirmed, especially if the document is to be digitally signed. Indicate if interpretation is required and if the document needs to be read audibly to the deponent.
Exhibits
Fig 27. Enter a prefix for the exhibits supporting this affidavit. The prefix should be the initials of the deponent’s name, e.g. TBH for Tan Beng Huat.
You may click the “Preview Affidavit” button to view a generated affidavit, based on the information entered thus far in the sections above in order to fill in the Reference in Affidavit to the exhibit field.
Fig 28. Necessary documents based on information entered thus far will already be reflected in the Exhibit Table. For each document in the table, you will be required to upload a file to the system. Click “Choose File” to open a browser dialog box to select a file for uploading.
If you wish to attach additional documents to the table, click “Add Document”.
Fig 28a. Indicate the number of documents the deponent wishes to add and click “Add”.
Fig 29. If you are unable to provide any documents or wish to explain why a certain document cannot be provided, click “Add Document” at Table 2.
Fig 29a. Indicate the number of documents you wish to add and click “Add”.
(2) Forms
Fig 31. Upon successfully uploading the documents, the rows will be updated with new buttons. The “Next” button should be enabled. Click on the “Next” button to proceed to Step 3: Admin Details.
(3) Admin Details
Fig 32. In Step 3: Admin Details, indicate any urgent processing, special request or waiver required. You can also opt to eServe the documents to another law firm.
(4) Submission
Fig 33. In Step 4: Submission, review all information and documents before submission. Upon acceptance / approval by Court, the documents will be sent to your eLitigation inbox.
Fig 12b. Enter the document name in the textbox. Click “Choose File” to select the file from the browser dialog box. Click the icon to upload the document. If you wish to delete the document row, click on the button.
Fig 19. Click the icon to update details of each of the personal expense items incurred monthly.
Fig 20. Click the icon to update details of each of the children expense items incurred monthly.
If any of the listed document is not applicable, click on the button to delete that row.
If there is a document which is applicable, but you are unable to provide at the time of filing, click on the button to delete that row. You will be required to explain the reasons for the lack of documents in Table 2, as shown in Fig 29.
Fig 28b. The line entries for exhibits will generate based on the deponent’s input on the number of documents to add. Indicate the title of the document and the paragraph reference to the affidavit (using the preview of the generated affidavit). The deponent will be required to upload a file for each document listed in the table. Click “Choose File” to open a browser dialog box to select a file, and click the icon to upload the document.
If you are unable to provide any documents shown in the table, click on the button to delete that row. You will be required to explain the reasons for the lack of documents in Table 2, as shown in Fig 29.
Fig 29b. Indicate the name of document not provided and the reasons for lack of document, or details of alternative document provided. If you are unable to provide any details or wish to delete any line entry, click on the button to delete the document’s row.
Fig 30. Click on the icon to upload the document. If you would like to file other supporting documents to the case, click “Add Document”.