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Forging a pathway towards mediation for feuding parents

Governor George Fergusson delivers the Speech from the Throne.

Court-ordered mediation for parents feuding over children has moved closer to becoming a reality.

Recognising the importance of both parents in the lives of their children, the One Bermuda Alliance Government pledged in the Throne Speech to upgrade existing legislation.

Amendments to the Children Act 1998 will make mediation a prerequisite to coparenting orders rather than as a result of non-compliance with court orders.

Governor George Fergusson, reading the Throne Speech, said: “The Children Act will therefore be amended to require courts to order mediation before co-parenting orders are issued and also to consider mediation in child custody and access disputes.

“Provisions for co-parenting orders that recognise the importance of both parents in children’s lives will be introduced into the Children Act 1998.

“In addition, the Ministry will spearhead efforts to use mediation in ways that shift the consequences for failing to pay child maintenance from prison to more creative solutions that take account of the possible harm to children.”

One of the first to implement mediation sessions in Bermuda was the Coalition for the Protection of Children. When contacted, chairwoman Sheelagh Cooper was elated to hear the news.

“We are so very pleased to see that this Government recognises the value of mediation in coming to grips with what is in the best interests of children. This is especially important when there is a breakdown in the family structure,” said Ms Cooper.

“The Coalition has been providing mediation in circumstances such as these for more than ten years and our programme evaluations have repeatedly demonstrated the efficacy of using this approach to resolving the often contentious issues around coparenting.

“The most important outcome of the use of mediation is the reduction of harm to the children who are involved and the likelihood that the kinds of plans that are made will be in their best interests,” she added.

“Not only is this approach better for children and parents it is also considerably less expensive and far less time consuming for the Family Court.”

Due to the fact negotiations take place outside the courtroom, she noted the amount of time a magistrate spends on a case is reduced.

And because mediated agreements “tend to last longer” and considerably reduces the ‘back and forth’ to court by parents feuding over access, she said other problems that arise in coparenting are also reduced.

“This has been a long time coming as we have been lobbying for this change for more than ten years but we are just delighted to see this stated commitment,” said Ms Cooper.

Meanwhile, Government also pledged to strengthen the social fabric of the community “through policies and programmes that support, empower and protect people and communities”.

Expansion of the Community Driven Development (CDD) Programme was also promised “to engage a second group of women on financial assistance”.

And a separate initiative “to engage able-bodied men on financial assistance will also be launched”.

The CDD Programme was launched as a pilot project earlier this year “to help people transition from needing financial assistance to becoming self-sufficient”.

Also involving children was the Government Throne Speech pledge to “provide pathways to Bermuda status” for people born in Bermuda or who have been adopted by Bermudian parents.

The Governor reaffirmed a commitment by the Ministry of Home Affairs “to strengthening the regulatory environment” to meed the needs of a “rapidly changing labour market”.

Government pledged to look at ways to devise an employment infrastructure that’s “fairer, more responsive and more inclusive”.

Amendments to Bermuda’s immigration laws are on the way.

Following the formation of a tripartite committee representing unions, business and Government, to labour laws, amendments to Bermuda’s immigration laws are in the pipeline.

It’s all part of an ongoing plan to consolidate and modernise Bermuda’s legislative infrastructure when it comes to job retention and job creation.

Mr Fergusson said: “The Ministry will initiate community-wide consultation to encourage direct inward investment in the Island through a commercial immigration programme that supports business, job and career opportunities for Bermudians.”