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FJC
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Top 5 Most Popular FAQs Family Protection and Support
1.	What kind of Court documents should I file? In order to be appointed as a Deputy, you must file the following documents: Originating Summons (Form 217 of the Practice Directions) Supporting Affidavit (Form 218 of the Practice Directions) Doctor's Affidavit and Medical Report (Form 224 of the Practice Directions) In the Originating Summons (Form 217 of the Practice Directions), you will need to state clearly what sort of powers you are seeking. The Doctor's Medical Report must be current and dated not more than 6 months before the date of your application to the Court. If there are Relevant Persons who have consented to your application, you must file their Consents (Form 221 of the Practice Directions). If there are Successor Deputies (i.e. persons who will take over as Deputy in the event that the appointed Deputy si no longer able to serve as Deputy) named in your application, then you must file the Successor Deputies' Affidavits (Form 220 of the Practice Directions). Please note that the Court may require further information from you and direct that you file a Supplementary Affidavit. The documents are to be filed using the electronic filing service located at the Lawnet and Crimsonlogic Service Bureau at 133 New Bridge Road, Chinatown Point, #19-01/02, Singapore 059413.
2.	What are the procedures involved? I. Making an Application for a Personal Protection Order (PPO) a. Complaint Writing You can apply via iFAMS or go to the Family Protection Centre of the Family Courts to apply for the order(s). Please bring your identity card, police or medical reports and previous court orders, if any. A Court Family Specialist or a Court Interpreter will assist you with your application. The filing fee for the complaint is $1. The Court Family Specialist can link you with a social service agency for assistance or shelter if necessary. b. Affirmation After you have completed the application form, you will be brought before a Judge to affirm or swear your complaint. The Judge may ask you some questions before issuing summons and /or an Expedited Order (EO). c. Return Date After affirmation, you will be brought back to the Family Protection Centre. There, you will be given a date to return to the Family Courts for the mention of your case in Court. d. Issuance of Summons to Respondent A process server from the Family Courts will serve the summons on the Respondent. You do not need to accompany the process server. The attempt of service of the summons and EO will be usually served on the Respondent within 24 hours of your complaint. However, if your case is registered after 10am on a Saturday, the attempt of service of the summons and/or EO will only be carried out on the next working day. For ordinary summons, i.e. without an EO, the summons will usually be served within a week from the date of the complaint. e. Withdrawal If you wish to withdraw your application after summons is served, you may only do so when your case is mentioned in Court. II. Mention in Court On the day that your case is to be mentioned in Court, please report to Family Court 1 at Level 1 of the Family Justice Courts building, located at No. 3 Havelock Square, and wait for your name to be called. If you do not appear within half an hour from the given time, your complaint will be truck off and the case closed. If the Respondent does not attend Court on the given date and time, a warrant for his arrest will be issued on the same day. After the warrant is executed on the Respondent, you will be notified of the next case to be mentioned. When both parties are present and the Respondent admits to the complaint and consents to a PPO, the Judge will make a PPO. If not, the Judge may direct that both parties attend a counselling session on the same day or give both parties an appointment to see a Court Counsellor on another date. If the Judge does not direct counselling, the Judge will direct parties to prepare 3 sets of their required documents such as medical reports and photographs for the injuries. At the counselling session, the Court Family Specialist will discuss the complaint with you and the Respondent. The Court Family Specialist will also assist you and the Respondent to see the effects of violence, alternatives to violence and address other issues in your relationship. You may also be referred to a social service centre for assistance. At the end of the counselling session, you will be brought to see the Judge. Depending on the outcome of the counselling session, protection orders can be made if Respondent now consents to PPO or the case can be fixed for hearing if otherwise. The next court date will be written in the appointment slip. - Mandatory Counselling (CGO) Apart from the orders you have applied, you, the Respondent, and your children can also be ordered to attend mandatory counselling. You and/ or the Respondent will assigned to a social service agency administered by the Ministry of Social & Family Development (MSF). The Court will fix a review date in about six months time to review the progress of the counselling. III. Court Trial You may engage a lawyer to represent you at the hearing. If you are unable to afford a lawyer, you can seek assistance from the Legal Aid Bureau. However, before deciding whether you need a lawyer, you can approach the Community Justice Centre (CJC) located at Level 3 of the Family Justice Courts building for more information. Alternatively, if you wish to seek free legal advice, you may apply for CJC's legal clinic at Level 1 of the State Courts building. On the day of the hearing, you should bring the required documents that has been submitted and exchanged at the mentions session and to bring the witness(es). that you have informed the mentions Court that you will be calling as a witness. The hearing judge may not allow your additional witnesses to testify if you have not informed the mentions Court of the witnesses that you wish to call.
3.	What is Probate and Administration? When a loved one has passed away leaving behind property, such property (collectively known as "the Deceased's estate") must be administered and distributed in accordance with the law. A person has to be appointed by the Court as an executor or administrator before he or she can administer the estate. If you intend to administer the Deceased's estate, you will have to apply for a Grant of Probate or Letters of Administration in order to be legally recognised as the executor or administrator of the Deceased's estate as the case may be.
4.	What is the process? There are 3 stages:- 1. Filing the application 2. Providing the supporting Affidavit and Order In Terms (OIT) of Summons, Schedule, Sureties 3. Extracting the Grant Stage 1 - Originating Summons (cause book searches), Statement, Administration Oath Certified True Copy (CTC) of Death Certificate or Order of Court for presumption of death of Deceased Renunciation CTC of will & codicil (if any), including translation (if any) certified by lawyer) Verification of Will at Probate counter within 24 hours of filing of Originating Summons (OS) Foreign Grant (for resealing of foreign grant); Consent of Co-administrator (if any); Inheritance Certificate (for Muslims); Others e.g. Court Orders, Affidavit of Foreign Law etc Stage 2 - Supporting Affidavit (to be filed within 14 days from filing of OS) Schedule of Assets (for deaths occurring after 15 Feb 2008) SC Forms (for deaths before 15 Feb 2008, from Inland Revenue Authority of Singapore (IRAS) website) Supplementary Affidavit (if Schedule is not filed in Supporting Affidavit) Others eg. Summons for Dispensation of Sureties, Affidavits, Orders of Court etc (if there are vulnerable beneficiaries or Family Division of the High Court cases) Stage 3 - Request to Extract Grant Administration Bond Request to Extract Memorandum of Resealing
5.	Who can apply? If the Deceased made a Will, the Will would usually provide for the appointment of certain persons as executors and trustees to administer the estate according to the Deceased's wishes. If the Deceased did not make a Will, an administrator or administrators will have to be appointed by the Court to administer the estate. The administrator will usually be the spouse or one of the next-of-kin of the deceased, i.e. a beneficiary under the rules of distribution as governed by the Intestate Succession Act (Cap. 146) (for non-Muslims) or by Muslim law (for Muslims).