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Childwatch: Focus should be on shared parenting, not punishing fathers

Childwatch co-founder Edward Tavares

Government should focus on shared parenting rather than targeting fathers who can’t afford child support, according to Childwatch.

Childwatch co-founder Edward Tavares said schemes suggested by Community and Culture Minister Wayne Scott to punish fathers who fail to pay child maintenance are already in place — and have not worked.

“We feel that the MPs are playing political football with our children’s lives and are deviating from implementing ‘Shared Parenting’,” Mr Tavares said.

“The current law has failed our children, causing them hardship. Meanwhile, past governments failed to address the root causes, and the necessary implementations.

“The current Government appears to be following the same ineffective policies.”

During the Speech from the Throne, Government announced it was considering legislation to provide non-custodial punishments for parents who do not pay child maintenance.

It also announced that Amendments to the Children Act 1998 will make mediation a prerequisite to co-parenting orders rather than as a result of non-compliance with court orders.

In a subsequent press conference, Minister of Community, Culture and Sports Wayne Scott revealed travel restrictions and restrictions at TCD were among the options being considered, while noting that mothers denying fathers access to their children was also an issue.

Responding to the statement Mr Tavares said the Children’s Amendment Act 2002 already bestows similar rights to the courts.

According to section 36.1L of that legislation, the court may require a parent who fails to pay child support to surrender his passport and travel documents.

The legislation also allows the courts to garnish the parent’s income and enforce payment by issuing a warrant for distress and sale of the parent’s goods.

It states that only after these options have been considered should a judge turn to a term of imprisonment.

Mr Tavares said the group agrees with Sheelagh Cooper of the Coalition of the Protection of Children that no one wins when a father is sent to prison, but the non-custodial penalties suggested by Mr Scott would be equally fruitless.

“The only measure we feel that will produce better outcomes is the implementation of ‘Shared Parenting’, starting with a 50/50 equal parenting plan customised by both parents,” he said.

He said that, according to studies, non-compliance with court ordered visitation is 300 percent more common than non-compliance with court ordered child support and hurts the children of divorce even more.

He also alleged that as many as 77 percent of non-custodial fathers are not able to see their children, as court ordered by the court, as a result of visitation interference by the mother.

“We feel that there is a minority of fathers who do not wish to pay for selfish reasons, however, some don’t pay as they have no recourse because either access or information has been denied by the mother,” Mr Tavares said. “A number of fathers don’t ever know where their children are and yet are expected to pay.

“Will Government address the violation of court orders by mothers abusing fathers’ access rights?

“Will Government monitor the expenditures of support payments meant for the children? Previously, payments by some fathers have been misappropriated by some mothers.

“The only legislation necessary is to implement ‘Shared Parenting’ to provide better outcomes for children.”