A volunteer lawyer’s assistance helps a woman escape domestic violence and secure custody of her daughter
SINGAPORE: In 2020, Madam Lai Kah Yen was forced out of her home by her abusive husband, leaving her separated from their nine-year-old daughter and without a place to stay. As the primary breadwinner in their marriage, Mdm Lai worked at a factory while her husband occasionally took on part-time jobs. A Malaysian citizen, she moved to Singapore when her daughter began attending childcare, commuting daily from across the Causeway.
Her husband was a compulsive gambler and drinker, squandering most of her income, including funds intended for their public rental flat and insurance premiums. Their disagreements about finances eventually escalated to physical abuse, with Mdm Lai’s daughter even kicking her at her husband’s command during one violent incident. Despite the abuse, Mdm Lai had never considered divorce due to her own experiences growing up in a single-parent household. However, after being kicked out, she accepted the assistance of a social worker and began the process of ending her marriage by applying for the Family Justice Support Scheme.
Bridging the Gap for Legal Assistance
The emotional and financial strain of domestic violence, divorce, and custody battles is amplified when individuals lack access to legal representation. Before the Family Justice Support Scheme’s pilot in December 2020, Mdm Lai, a foreign spouse, would not have qualified for legal assistance. As a long-term visit pass-holder, she was ineligible for help from the Legal Aid Bureau, which only supports Singaporeans and permanent residents who meet certain income criteria.
The Family Justice Support Scheme was introduced to address this gap, offering legal assistance to foreign spouses with Singaporean children. Applicants must not earn more than S$950 per capita per month or live in a residence valued over S$13,000 annually. The scheme also offers reduced legal fees to locals in the “sandwich” class, defined as those with higher incomes but still struggling financially.
Managed by Pro Bono SG, the charitable arm of the Law Society, the scheme has helped around 130 foreign spouses and 400 locals since its launch. Half of the foreign spouses and a quarter of locals who applied received aid, with the majority being women.
The Vulnerability of Foreign Spouses
Foreign spouses, particularly those with low income, face limited options for legal support and often struggle to navigate the legal system due to language barriers. A 2019 study revealed that divorces between Singaporean men and non-resident wives were frequently uncontested, resulting in imbalanced outcomes for non-resident mothers, who often lose custody and the right to remain in Singapore.
AWARE, the Association of Women for Action and Research, noted that foreign spouses are particularly vulnerable to domestic violence, as their right to remain in Singapore is often tied to their citizen spouse. Many are unaware that their long-term visit passes cannot be cancelled unilaterally, with some spouses using this as a tool for psychological abuse.
A New Beginning Through Legal Aid
Mdm Lai’s turning point came when her husband locked her out on the night before she was due to renew her passport. With the police’s help, she retrieved her belongings and spent the night at a hostel before being referred to a family service centre. Despite her immigration status and financial struggles, Mdm Lai avoided homelessness by staying with her older sister, a permanent resident.
Through the Family Justice Support Scheme, Mdm Lai’s case was taken on by pro bono lawyer Tan Yew Cheng. The divorce was finalised in June, with Mdm Lai gaining custody of her daughter and S$200 in monthly child maintenance. Now, she and her daughter live together with her sister in Singapore.
Reflecting on her experience, Mdm Lai expressed gratitude for the legal assistance she received, noting that following the law protected her and her daughter. While her relationship with her ex-husband remains challenging, life has become more peaceful, free from violence and financial instability. Mdm Lai remains optimistic, understanding that the hardships of her past have helped her grow stronger.
