Children used as weapons in child support disputes: Family Court

Children are being used as a weapon by parents seeking to either obtain or avoid paying child support following divorce, Family Court said.

The court's registrar, Ahmed Nasheed, made the remarks during a meeting of parliament’s Regulations Review Committee on Tuesday. The committee convened following a letter from North Galolhu MP Mohamed Ibrahim (MDP), who raised concerns over the low level of child support set by current regulations.

Representatives from the Ministry of Social Development, the Family Court and the Department of Judicial Administration took part in the meeting.

Nasheed said some parents refuse to pay child support because they are denied contact with their children.

“Sometimes, the child is used either to avoid paying or to claim support. We need to find a solution to this. Although I don’t know if such a magic fix exists,” he said.

He also suggested the need for a system where children could maintain relationships with both parents following divorce.

Senior legal counsel at the Ministry of Social Development, Aishath Ifaadha, told the committee that existing regulations do not set out provisions for child visitation. Under current rules, access is determined by a judge with the consent of both parents.

However, she said there have been cases reported to the ministry involving lack of access, and that work is under way to amend the regulations to include agreed visitation procedures.

Some members also raised concerns that individuals are marrying abroad to avoid paying child support, particularly in cases where local marriages are not permitted due to unpaid dues.

Nasheed said that marriages registered abroad, especially in Sri Lanka, still require formal registration in Maldives.

“Some register their marriage after going abroad without fulfilling their child support obligations. Once the marriage is registered, it gives the impression that support is no longer required,” he said.

In response, Family Court and the Ministry of Foreign Affairs are scheduled to meet with the Sri Lankan and Indian embassies to address the issue.

The court has proposed requiring Maldivian embassy permission prior to marriage registration abroad.

At present, Nasheed said, the Maldivian Embassy in Sri Lanka only issues a document confirming that the officiant is authorized under Sri Lankan law.

“The document does not confirm the marriage took place. I’ve requested that the embassy consider the child’s expenses before granting such permission,” he said.

He added that while the court currently obtains orders for child support and housing, the main challenge remains enforcement.

“They withhold more because enforcement is weak. The court used to take initiative to enforce rulings, but changes to the law have made that difficult,” he said.

Gender Ministry is expected to gazette the revised regulation by mid-September.