Yesterday, a police unit landed on the small, quiet and sparsely populated island of Narudhoo in the Shaviyani Atoll to enforce a court order regarding child custody. The order required that two children, who were living with their father at the time, be returned to their mother.
To enforce this ruling, officers surrounded the children and attempted to leave the island when they encountered angry islanders who resisted enforcement.
In the midst of the screaming, physical altercations and chaos were the two young children, traumatized by everything they saw.
“Please, I beg the mother and father of the children, four and eight years old are still very young! These scenes are likely to cause psychological damage to the children that could last [their] whole life!” posted one commenter in local media outlet Mihaaru News' coverage of the incident.
The commentator made some further claims:
– Court employees often have only legal training, but not in areas such as human psychology.
– Some of the police officers present at the crime scene have only secondary school qualifications (O-Levels) and have more brawn than brains.
Finally, the commentator once again called on parents to discuss the matter confidentially with the relevant authorities and to resolve the problem without involving the children.
This comment gave cause for thought amid the online debate about what was in the best interests of the two children involved.
Over time, it is becoming more common for courts to be involved in custody cases after a divorce. Studies have shown that this has a negative impact on children. Therefore, in such cases, the best interests of the children are the top priority in the court proceedings. Custody is awarded to the parent who represents the best interests of the children.
This is also required by law. Even in cases where children are asked which parent they would prefer to live with, the questioning must take place in a very safe environment for the child. In cases where judges meet with children in an official capacity as part of the proceedings, the law also requires that such meetings must take place outside of court in unofficial settings so that the children are protected from the litigation.
“Parents and authorities should take the children’s interests into account. Accepting court rulings and handing over children is the best [to do]. However, the authorities should be aware that other situations can arise. In such cases, the authorities should know what to do. Taking children off an island in the midst of great unrest is not the best way to go,” a lawyer commented on the matter.
He added that authorities should prioritize discussions on protecting children's rights, and even if the situation were different, it is difficult to accept that police forcibly take children away from a parent.
“These children will remember yesterday's incident for the rest of their lives. It is a huge psychological burden. The laws of Maldives stipulate that child protection is the highest priority. Both the police and the Ministry of Gender Affairs should know how to implement the laws by upholding this. [children’s] Protection,” the lawyer continued.
A council member from Narudhoo Island also expressed concern about the incident and stressed the importance of minimising negative impacts on children when enforcing the law.
“In the video too, you can hear children crying and such noises. We know that this will greatly affect these children. Even if the police or the Ministry of Social and Family Development work to implement the law, they should do it in a way that does not affect the children. This is a great concern for us,” they said.
Neither the Ministry of Social and Family Development nor the police have commented on the incident so far.
Comments are closed.