Major changes will be made to the Magistrate’s Code of Procedure once the law governing child-support is amended in the House of Assembly, according to a draft bill published recently in the BVI Gazette. However, some of the proposed changes may not necessarily give the children of delinquent parents the support they very much need.

 

Amending the law that allows a judge to summon and punish deadbeat dads will make way for similar penalties to be handed out to deadbeat moms. This amendment, which is directly related to delinquent mothers who have been bringing children into the world without accepting the responsibilities inherent in parenting, may very well serve as a deterrent to women who use childbearing as a means of entrapping men.

‘A soft approach’

On the other hand, amending the law that deals with how delinquent parents are punished seems to me a soft approach. Some may see fining or imprisoning delinquent parents without considering the lack of means to pay child support as being unfair. But what I would say to those parents is this: Once you knowingly engage in the act that produces another human being, then you should also know that it is your responsibility to find the means to take care of that human being.

If delinquent parents do not have the means to support their children, then incarceration with a job programme that will produce resources to support the needy children will be in the best interest of both the children and the society. I strongly suggest imprisoning deadbeat parents or enrolling them in a community service programme. While imprisoned or in the programme, they should be put to work on projects such as road and sewage maintenance, building of school furniture, farming and other jobs. The law should be amended in such a way that if the court finds that the delinquent parents have no means of supporting their children, then the court should put them in a programme that will produce resources for their children — and, by extension, for the community.

After 18

Education is one of the major foundations of a nation. Hence, amending the child-support law to accommodate parental support to children over the age of 18 who pursue higher education has my full support. Many parents have approached me with a chip on their shoulder because they have completed their 18 years of child support. To those parents, I said, “Your child did not ask to be brought into this world, so it is your duty to make sure that he or she is well equipped to compete in the 21st Century, and that means you as a parent need to support that child beyond 18 years if that is what it takes.”

My wife of 43 years and I put our personal needs on hold in order to send our only daughter, who is now 41, through six years of college. She did not disappoint us. Now a parent of three, she has taken on her role with the same commitment to nourish and educate our grandchildren. I have no sympathy for the women who make children for multiple men, nor for men who carelessly impregnate multiple women. You cannot expect society to sympathise and accommodate your lack of self-respect and irresponsible behaviour. With easy access to birth control in our society, there is no excuse for bringing children into this world with no means of taking care of them.

Disabilities

Physically and mentally challenged offspring will also, rightly, be covered under the draft law. Leaving no stones unturned, the proposed amendment would remove the distinction between children born to married couples and children born out of wedlock, giving every child equal rights to be supported through their years of growth. To those who do not fully understand that it is their responsibility to support the fruit of their loins, the law should, if not guide them, force them to do so proactively.

In some respects, the current legal regime is unfair to parents who are responsible but do not live with their child, and to children who need both parents in order to have a balanced upbringing. One example is that of a father who pays his monthly support to his child without fail but has not been able to visit or spend time with his child for months. Although the court had awarded him the right to spend time with his daughter every other weekend, the mother of his child would deliberately disappear with their daughter. Continuous reports have been made to the police and to the court, but to date nothing has been done. Cases like these are many, but sadly they are not given the attention that is needed to support a balanced society for our children, the future generation.

To the lawmakers, I commend you on your commitment in the effort to make our society one to be proud of.

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