On 21 October 2024, the Family Justice Courts (“FJC“) launched the Therapeutic Justice Model (“TJ Model“). TJ, which was formally adopted by the FJC as its “lens of care” in 2020, is about helping families accept the past and move towards their best possible future. It involves a judge-led process where parties and their lawyers, along with other professionals, work together to find timely and enduring solutions to the family’s disagreements, within the framework of the law.
The TJ Model, which was developed in consultation with stakeholders, is: (i) designed specifically with Singapore court processes and practice and its socio-cultural context in mind; and (ii) a living document that will continue to evolve and be refined over time.
The key TJ objectives are as follows:
- Parties are to resolve their family disputes amicably, as far as possible.
- Parties are to reduce acrimony and de-escalate conflict, wherever possible.
- Parties are to focus on resolving their underlying issues in the longer-term interests of the family and children, and not just on short-term goals.
- Where children are involved, their welfare must come first.
- Parties are to treat one another with respect, attention, empathy, and support.
- Outcomes are to be timely and enduring, so that parties may move forward, and are to be enabled and equipped (e.g. with enhanced co-parenting skills) to resolve any future disagreements and issues amicably by themselves, without recourse to further litigation.
The TJ Model applies to all matrimonial applications commenced under Part 10 of the Women’s Charter 1961. Corresponding amendments were made to the FJC Practice Directions (“PD“) on the TJ Model with effect from 21 October 2024. In this regard:
- Full Simplified Track. In cases where parties are able to fully resolve all their matrimonial issues amicably out of court, they may apply to obtain final orders for divorce and ancillary matters without having to attend court, via simplified proceedings.
- Partial Simplified/Non-Simplified Track. In cases that are not on the Full Simplified Track, the following process applies with appropriate adjustments:
- Triage: Parties will fill in the Joint Triage Checklist (“JTC“) to provide the court with a preliminary view of the case. Parties may be directed to attend a TJ Cooperative Conference (“TJCC“) presided over by a mediation judge, who will: (i) set the tone for cooperation and problem-solving; (ii) explain the expected conduct of parties; (iii) identify and narrow down key issues; and (iv) discuss parties’ proposals and assign the next court event. The court then considers information from the JTC and TJCC and places the case on one of the following tracks in its sole discretion.
- Standard track: Cases are managed by a team of case management Assistant Registrars until ready for mediation or hearing before a mediation judge or hearing judge as the case may be. At a later stage, cases may be managed by a single judge until conclusion.
- Teams track: Cases are managed by a multi-disciplinary team consisting of a mediation judge, hearing judge, and Court Family Specialist (CFS) at an early stage, generally until the conclusion of the case. A team may: (i) be more flexible as to when to use mediation and counselling, including making early therapeutic referrals; (ii) intervene early to deal with urgent or pressing child issues, such as bifurcating and determining child issues first and/or calling for child evaluative assessments at an earlier stage of proceedings; and/or (iii) involve parties more directly in court proceedings, including inviting them to attend court hearings so that the court can hear directly from them, issues can be narrowed down, and court decisions can be explained.
Click on the following links for more information (available on the Singapore Courts website at www.judiciary.gov.sg):
- FJC’s Media Release titled “Media Release: Family Justice Courts Celebrate 10th Anniversary and Launch of Therapeutic Justice Model”, Annex B (The FJC TJ Model-Abridged Version and TJ Logo) and Annex C (Infographics for TJ Model)
- FJC’s Registrar’s Circular No. 2 of 2024 titled “Family Justice Courts Therapeutic Justice Model”
- FJCPD 2015 Amendment No. 4 of 2024 and FJCPD 2024 Amendment No. 1 of 2024, on the addition of Part IIIA and Part 7 respectively, on the TJ Model, with effect from 21 October 2024
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