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