protection for kidnapped children.

The International Child Abduction Act 1998 was drawn up so that a child abducted and taken to another country would be returned to their home land as quickly as possible.

It gives Bermudian courts the power to enforce restraining orders and custody orders made overseas.

Community and Cultural Affairs Minister Yvette Swan introduced the legislation saying the Act referred to children under the age of 16.

Sen. Swan said there was no law that adequately protected Bermudian children from abduction, calling it "a time-bomb waiting to go off''.

It is based upon the Child Abduction and Custody Act 1985 in the UK which stems from the Hague Convention on the Civil Aspects of International Child Abduction.

Sen. Swan said the Bermudian legislation copied the UK law as it also omitted a section of the Convention which called for the granting of legal aid in such situations.

She noted that foreign nationals should finance the recovery of a child from their own pockets rather than tax Bermuda's coffers.

But Opposition Senate Leader Milton Scott said there was merit in the removed clause, claiming that it "levelled the playing field''. He noted that the new law was particularly appropriate for Bermuda's social situation as there were a large number of Bermudians married to non-Bermudians.

And he said Family Services should assume a stronger role in mediating custody issues between parents, and suggested a social worker be attached to the Supreme Court.

"We have some cleaning up to do in legislation,'' said Sen. Scott. "Rather than exhausting the judicial system, social workers need to take a more active role.'' "Let's ensure that services are in place not only to benefit the children, but to bring about a sense of family life,'' he added.

Government Senator Lawrence Scott agreed the new law was important but suggested it masked the deeper problem stemming from Bermuda's high rate of divorce.

"It band-aids the problem ... it assists, but does not solve, the problems in our society,'' he said.

"If we got matrimonial law right in this Country, the Child Abduction Act would be of no consequence.

"How do we encourage people to settle affairs such as divorce sensibly?'' Sen. Scott asked.

Sen. Swan reminded the Senate that the new law did not only refer to Bermudians, but also to the large number of guest workers on Island.

And she said the law was also geared to protect Bermudian children kidnapped while vacationing in other countries.

Sen. Neletha Butterfield (PLP) said the new law was very important for protecting the well-being of young people.

She suggested that a pamphlet or brochure be distributed to educate the public about the new law so they would not have to spend a large amount of money in legal fees to know their rights.

Sen. Swan agreed and the law was unanimously passed.

Yvette Swan