Madam Speaker, I am very pleased to address Motion No. 186 from the hon. member for Prince George--Peace River and its relation to children's rights and needs in divorce proceedings.
Children are often looked at or viewed as property when parents divorce, but they are not simply another thing that needs to be argued over. These children have real feelings, fears and concerns. Often they feel that somehow the divorce is their fault. They wonder if they could have done something to bring it about. To not have their concerns addressed causes further damage to their fragile emotions.
A joint committee was established by the Liberal government to look at the issue of child custody and access. The results were published in 1998 and were then promptly overlooked by this government. I believe that there are some very important points in the report the committee released. The report is called “For the Sake of the Children”. What an excellent title for this topic.
Currently the Divorce Act states that decisions made in custody and access cases are to be in “the best interests of the child”. It fails to state who is to decide what constitutes the best interests of the child: a parent, a judge, a lawyer, a court, or a social worker. The voice of the child is often not included in the decision making process.
One of the mandates of this committee was:
--to assess the need for a more child-centred approach to family law policies and practices that would emphasize parental responsibilities rather than parental rights and child-focused parenting arrangements based on children's needs and best interests--
The motion before us today deals with three areas of change in regard to child custody and access, the first being that children have the opportunity to be heard when parenting decisions are being made that would affect them. Child custody and access should not be about the ownership of the child but rather what environment would be the best for the healthy development of that child, including social, emotional, physical and psychological development.
During the course of the study in “For the Sake of the Children”, many children of divorce were interviewed about their thoughts and ideas about divorce and access. This is what two of the children had to say: “They think you are nine years old and don't know anything. But it's your life”, and, “They're deciding your life and they don't even know you”.
Decisions about the futures of these children are being made by an anonymous person, a judge, who is certainly well intentioned but does not really know these children. Kathleen McNeil, representing Mom's House-Dad's House, stated before the committee:
When one takes the time to listen to the children and truly places their interests first, a greatly different picture can emerge as to what ought to be done in each individual family...Children find it incomprehensible that some unseen person called a judge has said that from now on, one parent...is someone you now have visits with, and not very often. You aren't going to see your parent every day--
The second part of the motion states that children should have the opportunity to share their views and ideas with a skilled professional who in turn would relay those views to any judge, assessor or mediator facilitating a shared parenting agreement.
This would allow children the opportunity to sit down with an unbiased person and let them know what they would like to see done. Their feelings and fears would be taken into consideration. Often children feel out of control. They feel that they have no say in the situation. The decision to divorce was that of their parents. Allowing the children to share their thoughts and ideas gives them a sense of control in this otherwise unstable situation. Traditionally adults are the ones with the power to make all the decisions, leaving children waiting in the wings for the outcome. The court would have the opportunity to get to know the children and therefore make a more accurate determination of what their best interests are when deciding custody and access.
The United Nations convention on the rights of the child was ratified by Canada in 1991. Article 12 of the convention provides for children to have the right to express their views freely in matters affecting them. The federal and provincial governments need to work together to develop a framework that would guarantee that the voices of children of divorce are heard, and not only heard but taken seriously.
Who knows the feelings of a child better than that very child? Part (c) of this motion outlines provisions for a third party, typically a family member, to help represent a child's interests during parental separation or divorce. For children to have a trusted family member near with encouraging words, to hold their hand and help make their voices heard, would be an effective way of empowering children. It would be reassuring to have a loved one near when mom and dad are struggling themselves. Some would say that court appointed representation would be the answer, but that again raises the issue of decisions being made by an individual who does not really know the child. A family member or friend would be better equipped for the position.
One of my concerns is that there are no age limitations in this motion. A child of 3 years is far less likely to fully understand the situation and the ramifications of their actions than a child of 10 or 12. This needs to be considered.
Also in regard to part (c) pertaining to third party representation, I believe the individual should be mutually agreed upon by the parents and the child. Children in the process of divorce are emotionally vulnerable and need to be protected. There would be an opportunity for the third party to sway the child or plant ideas. If the third party were to be agreed upon by all parties involved it would help to ensure a healthy support system for the child.
I believe that more can be and needs to be done to protect the emotional and psychological well-being of children in our country when it comes to divorce proceedings. Healthy children grow into healthy adults. As the number of divorces in Canada continues to rise so too will the number of children affected. We cannot ignore their voices. Without active participation in a decision making process it will be difficult for these children to fully accept the decisions being made.
Instead of presenting children with an adversarial environment, we need to ensure that they feel protected. They need to feel that their wishes, thoughts and feelings are being taken into consideration. Making them part of the solution instead of leaving them on the sidelines would be beneficial to all parties involved.
I would like to take this opportunity to congratulate the member for Prince George--Peace River on the motion. I feel that this would be a positive step in helping to protect our children. The report “For the Sake of the Children” provides an excellent look at the difficulties faced by parents, children and others involved in divorce proceedings in our country. I am saddened that the Liberal government refuses to look at this report or to act on the recommendations from the committee. Positive changes would be possible if the government would listen to the recommendations and to the voices of the children who are affected every day by divorce.
I support the hon. member's motion and I am hopeful that members opposite will see the benefits that this type of reform would provide.