SMU | YPH SCHOOL OF LAW | 2026
SEMINAR 8
PSYCHOLOGICAL ISSUES IN FAMILY LAW
Seminar synopsis
Practising family law is both a skill and an art. An effective family lawyer must be skilled in the ways of the law. He or she must also be proficient in the art of navigating the hotbed of conflict, emotions, and interpersonal matters with which family matters and disputes coexist.
It is not difficult to call to mind the various psychological strains and stressors that family disputants may experience. Parties going through a separation or divorce will invariably have to deal with the anger, grief, or anxiety that arises from the breakdown in a marriage. Children may have to cope with being torn between two parents, with the stigma they may face from their peers, or with the added burdens of post-divorce arrangements. In situations where the relationship has turned extremely acrimonious, the constant bickering, and sometimes even physical violence, can take its toll on both adults and children alike.
Given these numerous psychological undercurrents, it is no wonder psychologists and other mental health professionals (such as psychiatrists, counsellors, social workers) are very actively involved in the family justice system. This week, we broadly explore the roles of these professionals in the area of family law and procedure. The role of psychology in family law is vast, and we are unable to canvass every aspect of it in detail within the constraints of one seminar.
We will therefore focus only one prominent area - the interests and welfare of children caught up in divorce proceedings. We will take a look at what principles guide the court in deciding on issues of custody and care and control, how psychology can inform these principles, and the role of mental health professionals in giving expert opinion in such issues of custody, care and control, and access.
Readings
MANDATORY READINGS
Bartol, Chapter 9
Read this for a general overview of how psychology and the family courts interact. Some of the content here is US-centric, so, as you go through this chapter, focus on the general principles and have a quick think about how they may apply to the context of Singapore's family justice system.
Loi, Y & Chin S (2021) Therapeutic justice—What it Means for the Family Justice System in Singapore, Family Court Review, Vol 59(3) (available on eLearn)
Opening address by Justice Debbie Ong, Presiding Judge, Family Justice Courts at the The Law Society Family Conference 2020 - Through the TJ Lens: A Balanced Application of the Law (available on eLearn)
VDZ v VEA [2020] 2 SLR 858 (read only [75] - [79])
These readings will introduce you to the concept of therapeutic justice and its importance in the future of family law.
CX v CY [2005] 3 SLR 690
ZO v ZP and another appeal [2011] 3 SLR 647
These are Court of Appeal decisions on custody/care and control. What is the general approach taken by our courts when deciding how custody/care and control should be awarded? What principles/concerns are salient?
The following statutory provisions:
-
Women's Charter: section 125
-
Family Justice Rules - rules 35 and 36
-
Guardianship of Infants Act: section 11
Weiner, I. B., & Otto, R. K. (2013). The handbook of forensic psychology. Chapter 6: Conducting Child Custody and Parenting Evaluations (excerpt available on eLearn)
This is an introductory reading that will acquaint you with child custody evaluations, their purposes, considerations, and how they are conducted.
American Psychological Association: Guidelines for Child Custody Evaluations in Family Law Proceedings (available on eLearn)
OPTIONAL READINGS
The following are three journal articles on child custody evaluations. As you read them, think about the arguments for and against using conducting custody evaluations. Also consider what constitutes an effective assessment. If you have no time to complete these now, you may consider reading these before the final exam.
Robert B. Silver PhD & Deborah C. Silver PsyD (2008) Child Custody Evaluations: Help or Hindrance?, Journal of Forensic Psychology Practice, 8:3, 300-308 (available on eLearn)
Deborah O. Day PsyD (2008) Child Custody Evaluations are Essential, Journal of Forensic Psychology Practice, 8:3, 293-299 (available on eLearn)
Richard Chasin & Henry Grunebaum (1981) A model for evaluation in child custody disputes, The American Journal of Family Therapy, 9:3, 43-49 (available on eLearn)