More robust implementation system needed to enforce maintenance orders
SINGAPORE : Observers said measures to enhance the enforcement of maintenance orders proposed under the Women's Charter are steps in the right direction.
But for the measures to have more bite, they said court system must be more robust when dealing with such cases.
The Singapore Council of Women's Organisations (SCWO) is a place where single mothers seek help.
Some single mothers struggle for months to have their maintenance orders enforced.
A divorcee with two school-going children said applying for a
maintenance order to be enforced requires multiple court appearances.
And in cases of defaults, she has had to undergo the entire enforcement
process repeatedly. She questions the need for such enforcement
proceedings, as enforcement should go hand-in-hand when the maintenance
order was first made.
The 36-year-old single mother, who declined to be named, added proposed
measures like ordering the defaulter to undergo community service and
financial counselling are "soft approaches that will not work with
recalcitrant offenders".
Her views are shared by those in the field.
Senior Counsel Engelin Teh said: "I think the changes are useful, but at
the end of it all, implementation is very important. There is no point
having laws that provide for everything but (with poor) implementation.
"If we have more robust (system) in the family court, the dates (for
court appearances) scheduled faster, the timing of filing of affidavits
shortened, then perhaps the maintenance order can be obtained faster."
The court has to be more robust in dealing with recalcitrant husbands. And tougher measures must also be applied.
Lawyer Teh said: "My experience is that, all the judge has to do is to
tell him that if he doesn't pay you (ex-wife), he will go to jail. You
can be sure that 90 per cent will pay by the end of the day, and the 1
per cent that goes to jail will pay the next day."
Ms Teh said measures like posting a bank guarantee against future
defaults may not work as not all defaulters will be able to afford it.
But what happens when defaulters are still undeterred or unemployed and can't pay up?
Laura Hwang, president of the Singapore Council of Women's Organisations
said: "The safety net is to go to centres like Mendaki, CDAC, and SINDA
because they have the ability and the funds to give them interim
relief."
Another suggestion is for a special fund to be set up to provide interim help said lawyer Teh.
But Hwang cautioned that the pros and cons of having such a fund would
still have to be studied further. And the existence of such a fund could
also cause defaulters to take things for granted.
Responding to queries, the Ministry of Community Development, Youth and
Sports (MCYS) said the new measures aim to provide the court with more
options in sanctioning the defaulter. It added that imposing
community-based sentences for example, would not affect his employment.
The MCYS said if a defaulter is unemployed because he is suffering from
illness or disability, the court would take this into account when
evaluating the case.
Feedback on the proposed changes on the government feedback channel,
REACH, has been mixed, with some raising concerns if the Women's Charter
works too much in the favour of women and questioned if it could be
open to abuse.
SCWO said the Charter aims to protect the vulnerable, and that the
changes seek to create a greater culture of compliance.
- CNA /ls
This reply is a little bit late but what the heck ..... it describes the Women's Charter Act to a fit ...... so here goes
The bride tells her husband The bride tells her husband, "Honey, you know I'm a virgin and I don't know
anything about sex. Can you explain it to me first?"
"OK, Sweetheart. Putting it simply, we will call your private place 'the
prison' and call my private thing 'the prisoner'. So what we do is: put the
prisoner in the prison.
And then they made love for the first time.
Afterwards, the guy is lying face up on the bed, smiling with satisfaction.
Nudging him, his bride giggles, "Honey the prisoner seems to have escaped."
Turning on his side, he smiles. "Then we will have to re-imprison him."
After the second time they spent, the guy reaches for his cigarettes but
the girl, thoroughly enjoying the new experience of making love, gives him
a suggestive smile, "Honey, the prisoner is out again!"
The man rises to the occasion, but with the unsteady legs of a recently
born foal.
Afterwards, he lays back on the bed, totally exhausted.
She nudges him and says, "Honey, the prisoner escaped again."
Limply turning his head, He YELLS at her, "Hey, its not a life sentence,
OKAY!