Care & Control Battles: Can A Mother Lose?

In the past, it was common for mothers to have care and control of their children post-divorce. However, societal norms and legal perspectives have evolved, leading to a shift in such arrangements.

It may prompt the question:
What circumstances can result in a mother losing care and control of her child?

In earlier times, it was presumed that mothers were inherently better equipped to provide care and nurture their children. However, contemporary family law recognizes the importance of shared parenting and the involvement of both parents in their children's lives.

As a result, care and control decisions now focus on the child's best interests, considering parental capabilities, the child's needs, and the ability to promote a stable and supportive environment.

How can a mother not have care and control of her child?

Despite being the primary caregiver in many cases, there are several circumstances where a mother may face the possibility of not having care and control.

Child abuse

When a mother is proven to have physically or psychologically abused her children, the likelihood of losing care and control significantly increases.

Courts prioritize the safety and well-being of children above all else, and instances of abuse present a clear threat to their welfare.

For example, if there is documented evidence or credible testimonies of the mother engaging in the following;

• Physical violence raises serious concerns about her ability to provide a safe and nurturing environment.
• Consistent emotional manipulation, verbal abuse, or other psychological harm towards the children can severely impact their emotional and mental well-being.

These examples illustrate how instances of proven abuse by a mother can have substantial consequences in care and control determinations, as the court's primary focus is to protect the children from harm and ensure their best interests are upheld.

Read more: When Does Discipline Become Child Abuse?

Severe mental health issues

Cases involving parents who have mental illness are notoriously complex. Depression, anxiety, bipolar disorder, borderline personality disorder, and many other conditions fall under this umbrella term.

Each disorder is vastly different. In the same way, a mental illness can have a significant impact on a child custody case.

Family courts prioritize the child's best interests when making custody, care and control decisions, and both parents' mental and emotional stability is a significant consideration.

The court may be more inclined to grant care and control to the father if the mother suffers from severe mental health issues that make it difficult for her to provide a safe and nurturing environment for the child.

To show that the mother's mental state or psychological issues compromise the safety of their children, the other parent must provide sufficient evidence to the court.

It is also possible for the court to require psychological testing, counselling, or expert interviews before deciding on matters like these, as they are sensitive and grave.

Read more: Divorce and Mental Health Problems

Parental alienation

When a parent attempts to influence the child's perception of the other parent negatively, it can often lead to the child rejecting or showing hostility towards them.

Courts may favour the father when deciding care and control if they find evidence of parental alienation, where the mother actively tries to alienate the child from the father.

Parental alienation can be detrimental to a child's emotional well-being and the parent-child relationship, and the court may view it negatively when determining care and control arrangements.

While parental alienation can manifest in various ways, here are some examples of behaviours that a mother might exhibit to alienate the child from the father:

Read more: Do Mothers Always Get Custody of the Children?

Incapacity to commit to parental responsibilities

Failure to commit to parental responsibilities can be used as evidence against a mother in a care and control battle in Singapore to demonstrate that she may not be the child's most suitable or responsible caregiver.

The following are some examples:

Read more: Difference between Parental Rights vs Parental Responsibilities?

Failure to comply with court orders

Repeatedly violating court orders can have severe consequences for a mother involved in a divorce in Singapore, potentially leading to her losing care and control of her children.

By undermining the child's relationship with the other parent and disrupting their stability and routine, such violations demonstrate an inability to provide a nurturing and stable environment for the child's development.

Additionally, court order violations may lead to conflicts between the parents, making cooperative co-parenting difficult and negatively impacting the child's emotional well-being.

As the court assesses each parent's ability to fulfil parental responsibilities, a mother who repeatedly violates court orders may find herself at risk of losing care and control as the court seeks to ensure the child's safety and welfare in a stable and supportive environment.