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Bermuda roots not enough to matter in child custody case

An American woman with “strong Bermuda roots” is upset because her inability to obtain Bermuda status has led to her losing custody of her son.

Marta Johnson, 30, is the daughter of a Bermudian man and an American woman. She told The Royal Gazette she was conceived when her parents met in the States. However, Ms Johnson said when her American mother became pregnant, she did not tell her father and he subsequently returned to Bermuda.

“A year into my life my dad found out about me and showed up on our doorstep thanks to my great-grandmother,” she said. “And he proceeded to take an active role in my life.”

Ms Johnson said she often visited her father in Bermuda during holidays and summers and developed a bond with her paternal family.

She said she lived here permanently from ages 19 to 26, and even had a child of her own with a Bermudian man. Her son is now nine years old.

Ms Johnson said life was going well for her until she and her son's father broke up and she was forced to seek a second job in order to make ends meet. That, according to her, was when things started to take a turn for the worse.

“I had been working on a work permit all that time because the Government did not consider me a Bermudian,” she said. “I was not allowed to seek employment as a regular Bermudian because illegitimate children of American mothers are not recognised on the Island.”

So, Ms Johnson said, she tried to apply for Bermudian status, but to no avail.

“I was told ‘no' every time,” she said. “Immigration suggested that my Bermudian father adopt me, but then that didn't work out because I was over the age of 18.”

According to Ms Johnson, it was then she had to make the decision to return to the States where she had a better opportunity to obtain work. But she had to leave her then-five-year old son behind.

“It was the hardest decision,” she said. “But I thought I could get on my feet then send for him.”

Now, four years later, Ms Johnson has lost custody of her child. She explained that her son's father informed her that he planned on obtaining full custody of their son so that the boy would not have to - one day - face being without Bermuda status, like his mother.

Ms Johnson said although her ex-boyfriend knew she could not afford to fly back to Bermuda for the hearing, it proceeded without her.

While she admitted that she does see her son at least once a year, she claimed she was at the mercy of her ex-boyfriend when it came to visitation.

“Now, when I want to see my son I have no control and he uses this to his advantage,” Ms Johnson said.

She hoped that her job as an airline stewardess would allow her to come to the Island to see him, at least every other month.

And while she said she believed her son was beginning to understand the predicament she was in years ago, she emphasised that she did not desert him.

“I am considered a monster for leaving him. Even now everyone talks about how I left my son. Little do they know I left to make him a better life,” she said. “A lot of people have said that I want to live a lifestyle without my son, but they don't know the story.”

She is not only angry with her critics, but with the Government as well.

“I feel that the Government of Bermuda tore up a family with its antiquated and unfair immigration policies.”

When contacted by The Royal Gazette, Immigration chief Dr. Martin Brewer said his department did not comment publicly on individual cases.