NGO: Children’s voices must be heard in divorce process

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KUALA LUMPUR: The rights of children must be considered in a divorce process, said United National Organisation of Children Malaysia (UNCOM) president Datuk Dr Joshua Peter Tan.

He said their voices ought to be heard loud and clear as they are the most affected by custody orders made by the court.

“When the family unit breaks up, we are not just dealing with the husband and wife, we have to consider the impact as it will be very traumatic to the children involved.

“We need to ensure that the breakup of the parents does not affect the children. We must first listen to the views of these children, give weight to their opinion and consider their choices,” he said in his speech at The Children Forum 2011 here yesterday.

The one-day forum held in conjunction with International Family Day was organised by the National Population and Family Development Board (LPPKN) and UNCOM. Tan said divorced parents must understand that a husband can change his wife and vice versa, but to a child there is no replacement for a mother and father.

“Not too long ago, the national dailies were running series of reports on a custody matter involving a 12-year-old girl. There were many differing views from the public with regards with this case but leaving opinion aside, the case deals with a very important issue, does a child have a right to be heard and views considered in a custody dispute.

“In that case, the girl had to wait for almost six years before her views were considered.

There are many similar children amongst us suffering in silence and who are still hoping to see the light at the end of the tunnel,” he said.

He said in any custodial dispute, children were often being pushed around, deprived of their rights to show their inner emotions and feelings and ending up suffering in silence due to family break ups. — Bernama

“The children are alienated not only from their parents but also their circle of friends.

These unhealthy practices can be avoided if the divorce parties understand the concept that parents are not replaceable.

“It must be appreciated that there is no child who is too young to understand, and children must not be denied the right to be heard,” he said.

Meanwhile, Malaysian Institute of Islamic Understanding (Ikim) deputy director-general Professor Datuk Dr Zaleha Kamaruddin said joint custody arrangements were viewed as good alternatives for the children in divorces.

“This is because the children need both parents for his or her proper upbringing.

“In contrast to the conventional sole custody approach, where courts normally award custody to mothers with all the responsibility for the children and visitation rights to fathers, shared parenting emphasises an equal or nearly equal role for fathers,” she said.

In protecting the rights of all parties, parenting plans should be designed to reflect modern day challenges and the circumstances facing parents and minor children before, during and after the divorce, she added. — Bernama