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Benefits of presumption of shared parenting

Edward Tavares is the co-founder of the children’s activist group ChildWatch

Jordan Williams, an eighth-grader from Saltus Grammar School, is to be applauded for his truthful opinion article, “Gender inequality: a male perspective”, which was published on March 7, 2023. He appears to have a complete understanding of the existing biases and gender inequalities in Bermuda, as men’s issues have been ignored for decades.

Even as an eighth-grader, his personal account are research are commendable — and so true — even though people tend to discard overseas research. But this holds true for Bermuda, while local research is pretty much non-existent. Please keep writing, Jordan; it is for your future and that of your generation that ChildWatch Bermuda has been fighting to have these inequalities, biases and discriminatory practices changed. Equality is for all, not just for one gender. Great job. Don’t be discouraged. We applaud you.

In addition, and what’s most concerning, is that many are searching for answers to the outbreak of crime and killing in Bermuda, especially involving our youth. Some organisations will pour huge amounts of funds into programmes in the hope of correcting and solving these issues. Meanwhile, politicians will align themselves with certain organisations, which only exacerbates family issues.

Saltus Grammar School eighth-grader Jordan Williams

ChildWatch, however, has been proud to have followed empirical research for decades. Over the past 32 years we have had some successes. For example, in 2002 we worked with many who helped with changing family law, but there were not enough changes made. Meanwhile, we have been educating society and our politicians on past and present best procedural practice and legal solutions that should be implemented for children and families post-separation/divorce. According to empirical research, the majority of at-risk children have faced traumas associated with separation and divorce.

Thus, for decades many researchers have kindly shared with us their pragmatic research on best practices for children in these situations. A number of them have come to Bermuda to assist us and have given workshops to many government and private-sector agencies. Unfortunately, little has changed since there has been no implementation of the suggested new family law reform as has been the case in Kentucky with the Presumption of Equal Shared Parenting Law.

The fall in domestic violence court cases in Kentucky after the law change

Therefore, what can we learn from recent family-law changes overseas? The results from Kentucky’s Presumption of Equal Shared Parenting law enactment from implementation in 2018 has had a huge effect on families and their whole society — not only has there been a decrease in domestic violence, but various other issues decreased as well; eg, domestic and family court issues, juvenile abuse and neglect cases, domestic violence petitions denied, felony court cases, criminal court cases, misdemeanour court cases, forcible detainer.

Bermuda’s politicians and some women’s organisations have echoed their concerns loudly regarding the 30 per cent increase in domestic violence and other negatively related family matters. We believe the possible causes arise from how fathers and men are treated in Bermuda.

Steady decrease in domestic and family issues since the enactment of the law in Kentucky

Further, we have ignored for decades the 200 studies that have found that men and women perpetrate Intimate Partner Violence at roughly equivalent rates¹. A leading researcher on domestic violence, Tonia Nicholls, stated that “in 2014, equal proportions of men and women [4 per cent each] reported being victims of spousal violence during the preceding five years”². Dr Nicholls further stated that there was a 60 per cent reduction in male-perpetrated partner violence between 1993 and 2004, while there was no decrease in female-perpetrated partner violence from 1993 to 2003, and a slight increase in female-perpetrated partner violence between 2003 and 2004³. She added further that “similarly in Canada rates of male perpetration showed a slight decline between 1999 and 2004, whereas rates of female perpetration remained statistically stable”⁴.

Dr Nicholls added that in 1975, “Straus, Gelles and Steinmetz conducted the first nationally representative household survey of partner violence”⁵. The results? “No change in women’s assaultiveness, and substantial decrease in the rate of severe assault on women by male partners⁶. Further, not only do men and women perpetrate partner violence at about equal rate and severity levels, they do so for similar reasons.”⁷

Why do we need to address false narratives in Bermuda? Because they mislead the entire society and those who enact laws, especially laws that affect children’s lives, causing trauma, and decreases their future successes. In addition, domestic violence and false accusations are highly used often in most custody-dispute cases in family law, as empirical research reveals, which many of our membership have experienced. False accusations are known as the “silver bullet”.

We are proud of Kentucky’s accomplishments and success; in fact, since 2019 Kentucky declared April 26 to be Shared Parenting Day on the anniversary of its law implementation in 2018.

ChildWatch has known for decades that a Presumption of Equal Shared Parenting Law is in the child’s best interest, which means their best outcomes lean towards having both parents involved on a day-to-day basis. This balance of support gives children their strength to find success and excel in their future lives.

We applaud the Government for revising the outdated Matrimonial Causes Act 1974. However, this newly revised “No-Fault Divorce Law” does nothing to protect children from being excluded from one of their parents and hampers their chances of success in life⁸. Children are not at fault for their parents’ misfortunes or faults. Children only want both of their parents to guide, support and be there for them. They needed the presumption of shared parenting⁹ to come into law, as Kentucky and others have implemented.

We decidedly wonder if those in responsible positions to make change are really concerned and want children to succeed in life, since they ignore the reality and the empirical research data sourced over decades and implemented in various places. Meanwhile, Bermuda throws tens of thousands of dollars into programmes that have not worked.

Notes:

¹Archer, 2000, 2002; Fiebert, 2004, Stets & Straus,1989, Whittaker et al., 2007; Dutton & Nicholls, 2005; Straus, 2006, 2009.

²Canadian Centre for Justice Statistics. Release date January 21, 2016.

³Catalano, 2006

⁴Statistics Canada 2005.

⁵Straus et el, 2006

⁶Straus, 1995.

⁷Fiebert, 2004; Follingstad et al., 1991.

⁸Amy Baker’s book Adult Children of Parental Alienation Syndrome: Breaking the Ties that Bind, April 2007.

⁹W.V. Fabricius (2019). Equal Parenting Time: The case for Legal presumption. In J. G. Dwyer (Ed,) Oxford Handbook of Children and Law. June (2019)

Edward Tavares is the co-founder of the children’s activist group ChildWatch

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Published April 08, 2023 at 7:42 am (Updated April 08, 2023 at 7:42 am)

Benefits of presumption of shared parenting

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