The Domestic Violence Bill, which had a contentious long running delay before the Anguilla House of Assembly, was eventually passed after some concerns of the public were addressed by amendments or modifications. That legislation is part of five Bills which Anguilla is expected to pass – and have in its calendar of laws under the OECS Family Law Reform Project which is aimed at developing a harmonized model of family legislation across the sub-region.
Last week, two additional Bills were presented at a public consultation. They were the Maintenance of Children Bill 2016 and the Status of Children and Parentage Testing Bill 2016, both of which contain some novel and interesting provisions. Two more draft Bills, for later consideration and adoption, are the Child Justice Bill and the Children (Care and Adoption) Bill which bear no year for presentation and enactment. Fully aware of the intended wide application of the draft legislation in the region, and that some of the provisions might need adjustment to suit the Anguilla context, the Government has established an oversight body towards that end. It is called the Family Law Reform Review Committee.
It is that Committee, perhaps, which has helped to influence the just- conducted public consultation. Further, arrangements were made to have three officials visit Anguilla to explain the Bills at the consultation. Those persons were: Mrs. Jacqueline Sealy-Burke, a Legal Consultant; Mr. Francis Letang, Deputy Court Administrator of the Eastern Caribbean Supreme Court; and Ms. Heather Stewart of UNICEF. In addition, there was also the Anguillian Attorney, Ms. Navine Fleming. What is of interest is that the two Bills, under reference, generated much attention among the citizenry and that over the next few days some of the new provisions were commonly talked about everywhere.
One of those new provisions, under the Status of Children and Parenting Testing Bill, is the abolishing of the distinction between children born in wedlock and those born out of wedlock. This has always been a troubling and degrading matter in Anguilla and the other islands which the justice system, as it relates to the Magistrate’s Court and the High Court, have failed to address. The result is that the so-called and ill-defined “bastards”, now better described “illegitimate” children, have been denied recognition by unscrupulous persons in terms of such important matters as property inheritance and other rights of children. There are many such cases in Anguilla, today, with heart-renting stories. The enactment of this Bill will thankfully give Anguilla an opportunity to comply with the United Nations Convention on the Rights of the Child. Attorney Navine Fleming, who explained the key components of the Bill, including its provisions for DNA testing, concluded her presentation by pointing out that: Despite the fact that this might be a small Bill, it is a very significant Bill in our advancement and our acceptance of children being equal.
Among the provisions of the Maintenance of Children Bill, the other piece of draft legislation, is that a child should have the right of contact with both parents, regardless whether or not they are married or living apart. This provision will remove the confusion and disharmony when a parent, notably the father, does not have legal custody or access to a child, but is still required to provide child support. Another provision is that, rather than jailing a father who refuses to pay child support, thus allowing the build-up of substantial arrears, the court may imprison him at weekends but allow him to work on week days to have the means to pay child support.
This matter was addressed in part by the Legal Consultant, Mrs. Jacqueline Sealy-Burke. She inquired: If you imprison this father, how is that going to help him pay child support? Because, if he is in prison, he is not working, or if he has a job, he is going to lose it. So people would say: where are we going with this confining of people for not paying child support? Another provision of the Bill is for the father to pay child support through the Department of Social Development, rather than directly to the mother, to avoid the personal confrontation and friction which sometimes occur. But it was pointed out, by the consultant, that even this method can cause problems of embarrassment and degradation if mothers have to line up to receive the money in full view of everyone who knows they are waiting for child support. It was for this reason that the consultant rightly cautioned the Department of Social Development to ensure that this arrangement is seamless and properly administered. Yet, another provision of the Bill, is that ordinarily while parents may support a child up to the age of 18, that age may now be extended to 25 years given, for example, such circumstances that the child may want to further his or her education but has no money of his or her own, or is in some way disabled.
These, and other novel provisions of both Bills, are indeed interesting and progressive. From the initial reaction of a number of persons, it appears that the Bills may have a smoother passage in the House of Assembly than the Domestic Violence Act. But the Anguilla Family Law Reform Review Committee will have to ensure that such smoothness is in fact a reality.
