Proposed amendments to the way child custody matters are dealt with do not go far enough to redress the imbalance between mothers and fathers, it has been claimed.

Family group Child Watch has claimed that the Children's Amendment Act, which is to be debated in Parliament today, is a step in the right direction, but is still wanting in some areas.

"It's a very good thing that Bermuda is making amendments to the Children's Act, and is throwing out the Affiliation Act, but Child Watch believes that Government is missing a rare opportunity to really set the Island apart when it comes to how it deals with child custody matters," said chairman of the group Eddie Fisher.

"We feel Government could have really grabbed the bull by the horns and changed the whole system around and put Bermuda on course to be a role model for the rest of the world.

"The whole system that puts these issues before the courts is failing, and, under these amendments, that will continue. The problem we have at the moment is largely with the mindset of the judges, magistrates and social workers. They treat men and women differently and that is not going to change with these proposals.

But Health and Social Services Minister Nelson Bascome disagreed.

He said his department had listened to Child Watch, and agreed that the group had made many good recommendations, but said not all were feasible.

The Minister said: "I believe this to be a great step in the right direction. I definitely think the amendments redress the balance between men and women."

Child Watch has recommended that child custody matters be taken out of the courts and placed in the hands of a panel of qualified mediators, instead.

Mr. Fisher said that if estranged parents could find a way to work together more it would be to the betterment of their children, as well as society.

He said the amendments had suggested changes in the way men and women were viewed as responsible parents, and stipulated that they be given equal consideration, but he said Child Watch's concern was that it would still be open to the discretion of judges.

"The amendments say that children should be given equal opportunity to see each of their parents, except where otherwise ordered by a court," said Mr. Fisher.

"But we don't feel that is good enough. It could be open to abuse. What if one of the parents makes false allegations against the other parent and the court then puts an order in place?

"We feel the guidelines to the courts should be more clearly defined, and we also think serious consequences should be in place should one of the parents make false allegations against the other. It happens too often and it simply results in abuse to the child."

But Mr. Fisher said he was also greatly disappointed that greater punishments had not been suggested for women who prevented their children from seeing their fathers.

He said where fathers are robbed of time with their children, the amendments suggested that conditions be imposed on the order; then the court may suggest the mother attend mediation, and after that the rights of access may be monitored by a supervisor.

Yet, Mr. Fisher said, fathers who miss child maintenance payments may be ordered to surrender passports and even jailed.

He added: "I'm not in favour of anybody losing their passports or going to prison, but perhaps parents who flout orders should run the risk of losing custody of their children.

"It might not be best for a few children in the immediate short term, but it would certainly get people coming to the table very quickly."

But Mr. Bascome disagreed over the issue of placing custody matters into the hands of mediators. He said anybody could go to mediators now.

He added: "One of the reasons we have this legislation is because people do not sit down and decide to come to an agreement. Mediation does not always work.

"Once the changes are made, we will continue to monitor them to see how we and the courts are proceeding. Legislation helps to change the mindset, and hopefully soon everyone will have the law that they have to follow.

"A lot of things that Child Watch has recommended has been utilised. This is a move (the withdrawing of the Affiliation Act) that has not happened for 400 years. We are giving some equal rights to parents, whether they are married or not. I look at this as being very positive move, but right from the start Child Watch had issues with it."