Shared parenting for Bermuda?
January 13, 2013Dear Sir,Mr acting Editor, is Bermuda going to be left behind from the rest of the world? Since many countries around the world and numerous US states have already implemented Shared Parenting for the betterment of their society and their children. ChildWatch would like to give kudos to Arizona as they just implemented Shared Parenting.To benefit the children of Bermuda, the November 2011 Throne Speech sighted that Shared Parenting was to be implemented in the next year’s legislation, this did not happen. With a lot of wisdom and professionalism, the new law in Arizona uses the terms “Joint Legal Decision-making and Parenting Time”, instead of “custody” and the “wishes of a child’s parent as to custody”. This is very important as both parents will feel part of their child’s life as both will be making decisions; also, the child will see that both parents are caring for them. Instead of the previous law, with one parent being granted custody and the other parent relegated to visitor status.The law further speaks on the rights and responsibilities for the personal care of the child regarding education, healthcare and religious training by each of the parents, through a parenting plan. Joint legal decision-making will not be allowed if the child may be threatened of harm. However, the threat of harm to a child can only be decided by evidence from police reports, medical reports, child protective services reports, school reports, and not on the whim of a parent by their vindictive nature, against the other parent for their failed relationship.Evidently, a parent may have to undergo a variety of programmes to assist them through their faults if needed, so that they can reconnect with their children to maintain their parenting time. Unlike Bermuda, in some cases the parent is removed from their children’s lives, through parental alienation or by court sanctions, just by one parent’s allegations.In addition, the new law was strengthened against parental kidnapping and abduction of children in the US and internationally. Bermuda suffers from parental kidnapping and abduction of its children by a parent, therefore, we can certainly learn from Arizona. Another interesting part of the Arizona law is how they are dealing with the issue of relocation of a child. Thus, a parent has to give six months’ written notice to the other parent if they wish to relocate outside of that state or if a parent wants to relocate more than 100 miles out of state. The court will sanction any parent if they don’t conform to the law. This would be an important tool as many of our Bermuda children have been removed without the other parent knowledge or approval.With the importance of family ties, “visitation” may be granted to grandparents or great-grandparents, as served in the best interest of the child, however, visitation is only removed if the child becomes adopted. The term “visitation” is not used for the biological parents, as this stigmatises the child, also, the biological parent.Another important feature is when a parent gives false claims or violates a court order, they will be penalised with financial cost in favour of the other parent, or other sanctions as the court deems fit. ChildWatch believes that this is also a very important tool, as most cases of contempt of courts, or none compliance with court orders, or false allegations against the other parent are not sanctioned, therefore, a host of problems occur and are not dealt forthwith. ChildWatch further believes that the terms “visitation” and “custody” is demeaning, discriminatory and unfair in relegating a parent to being a visitor, when most naturally born children have two parents. Therefore, with “parenting time” as a major component in Shared Parenting each parent is allowed quality time with their child(ren) giving their child(ren) a sense of fulfillment, contentment and self-esteem.Many resent studies show that Shared Parenting has proven beneficial to children’s well-being when both parents are involved in their daily lives. Dr Linda Nielsen tells us that children do extremely better academically, less behavioural problems, less drug and alcohol abuse…. Dr. L. Nielsen, Shared residential custody: Review of the Research American Journal of Family Law, (January, 2013) .Many of our Bermuda children are joining gangs at the age of ten years and younger because, they don’t have a sense of belonging, and are shooting one another. When will we see the light of shared parenting?EDWARD TAVARESChildWatch Co-founder