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Concern over fathers' rights

The claim was made yesterday by lawyers worried about the proposed revamp of The Protection of Children Act 1943.They said the new Act would ignore the rights of dads to gain custody of illegitimate children.

courts treat kids.

The claim was made yesterday by lawyers worried about the proposed revamp of The Protection of Children Act 1943.

They said the new Act would ignore the rights of dads to gain custody of illegitimate children.

"To me that flies in the face of human rights,'' one legal source told The Royal Gazette .

"I was told Bermuda was not ready -- whatever that means -- of giving fathers such rights.

"At present only the mother is recognised as a parent. I think both parents should have equal status.'' Yesterday, Government and the Attorney General's Chambers said the new law had still to be worked out. And they refused to discuss details.

Said Social Services Minister Harry Soares: "The emphasis of the new legislation will be to push the rights of the child.

"And equally as important will be parents' responsibilities. That's a whole new thrust for us.'' The 1943 Act -- which seeks to provide for kids who are ill-treated or neglected -- came under fire from the Government-appointed Task Force on Child Abuse.

The task force's 57-page report, released in August, was scathing about the ability of Government and community-based services to combat abuse.

One of its 52 recommendations included sweeping away the 1943 Act, and replacing it with The Children Act 1989 of the United Kingdom.

The task force -- headed by lawyer Saul Froomkin -- said the current law was "antiquated and no longer responsive to the needs of the community''.

It said the 1943 legislation was based on old philosophy and strategy and "cumbersome and ineffectual''.

And it added the 1989 UK Act was rooted in the philosophy that "the child's welfare shall be the court's paramount consideration''.

Yesterday, lawyer Philip Storr, from the Attorney General's Chambers, said Mr.

Soares was considering the task force's recommendations.

He pointed out a committee had been set up to look into possible changes to the legislation.

The Royal Gazette understands any changes had the support of the Attorney General's Chambers.

"I absolutely support it. The whole law affecting children is going to be revised,'' said one source.

"We are talking about an absolutely fundamental change in the whole concept of the way we treat children.

"We want to get away from situations where parents say `I want to exercise my rights' and get custody of the child.

"We need to reverse the ethos so we reflect the needs of the child and parental responsibilities.

Mr. Soares confirmed Government was looking at the 1989 UK Act as a model for Bermuda.

The new legislation would set out a clearer definition of what parental responsibilities entailed.

"We are looking at a new mind set where the rights of the child will come first. It will involve a complete rewriting of the present Act.'' Mr. Soares said he was unable to comment on any custodial issues which might be covered by the legislation.

"All I can say is the proposed legislation is on the front burner and we are working on it as diligently as we can.

"I've learned not to predict precise dates too freely. I can say this is a top priority, however.

"We have too many children not having proper nurturing, some of it through neglect, some of it malicious.

"I suspect up to now the needs of the child have not been number one.'' He added: "One thing wrong with the current Act is that you can't take as swift action as you like.

"We get tied up in decision-making in considering so many people's rights. I think we need to send a clear message that the child's needs are the primary goal.'' Social Services' Permanent Secretary Carl Musson said: "We are making good progress.

"We deferred any work until we got the recommendations of Mr. Saul Froomkin's Task Force.

"There are ongoing discussions with the Attorney General's Chambers. There are a whole pile of issues which need to be looked at.

"The current Act is quite old and we have to look at it to enhance protection of children.''