Get child’s views

I REFER to the report “NGO: Kids fit to testify in court”, (The Star, May 24) where the children were deemed fit to make statements in court.

This is important in cases of divorce where the opinions of the child or children are never considered.

In most cases, the child never appears in court or is aware of the divorce proceedings taking place. This will result in a situation where the child will be unable to understand why the parents are not living together any more.

No input of the child is considered in a separation agreement being worked out by the parents. It is not right to sideline the child’s interests in a divorce.

All decisions made without the child’s consent is a detriment to his or her well being.

While a child may be young to go into the detailed mechanics of a divorce proceedings, yet what the child wants must be taken into account.

While some of the child’s wants may be unrealistic, like wanting both parents to continue living together peacefully, yet such a transition can be made smoother once the child is able to have his or her say in court on what is wanted like enhanced visitation rights or shared custody.

Granted that there is no such thing as a happy divorce but as long as the child is at an age of being able to properly communicate and express his or her feelings, their expectations too have to be properly managed to achieve a more workable and amicable solution.

Situations are worsened when the parent not getting custody of the child unintentionally take revenge against the poor child like telling bad or exaggerated stories about the other parent due to grudges and even resorting to criminal acts as highlighted in “Kidnapping turns out to be a custody battle”, (The Star, May 28)

Yet, the poor child has limited rights to stop the offending parent or parents from further child abuse which will have a detrimental effect on the child’s way into adulthood.

This is compounded as the divorce process and custody rights seldom take into consideration the child’s views.

I agree that the Child’s Act 2001 needs to be amended to give more power to children, including to act against the parents wrongdoings and their voice to have legal standing in court.

Further review of the law should also be in the interest of the child to voice their rights against the parents for specific performances like improving behaviour towards communication with the child should the situation arise where one dissatisfied parent takes it out against the innocent child to the extent of blaming the child for the other parents alleged wrongdoings.

The protection of the child’s interest where a child must be permitted to appear in court to speak his or her mind freely will prevent a winner takes all attitude between the divorcing parents.

NG SHU TSUNG

Kuala Lumpur