PETALING JAYA: Any proposed mediation centre set up to resolve child custody disputes between Muslim and non-Muslim spouses must prioritise the wellbeing and interests of their children, lawyers said.
Denise Lim of the Association of Women Lawyers and shariah lawyer Adie Ahmad said it was crucial for such centres to be manned by child psychologists and trained mediators who possess a clear understanding of the dynamics at play within families.
They were commenting on a proposal by religious affairs minister Na’im Mokhtar for a mediation centre to be set up to resolve child custody disputes involving Muslims and non-Muslim spouses.
On May 28, Na’im said the centre could provide an informal platform for divorcing spouses to resolve their differences in an amicable manner. However, he cautioned that the matter needed further study.
Naim said it was important for mediators to comprise shariah and civil law experts, as well as child specialists.
Lim, a qualified mediator who has dealt with family disputes, said appointing the right mediators was critical to the success of the process.
“It makes a huge difference on whether the mediation is successful or not,” she told FMT, adding that mediators must be equipped to handle high conflict emotions and have a sound understanding of the dynamics at play and the law.
Lim said child specialists or psychologists should also be appointed to communicate with the children, as children in different age groups are likely to perceive the proceedings differently depending on their level of maturity.
“Child specialists will be able to help the parents better explain the situation to the children,” she said.
According to Lim, a dedicated mediation centre would likely expedite the resolution of child custody disputes, which may take years to resolve in court due to a backlog of cases.
Prolonged court cases could negatively impact children, she warned.
Ultimately, the mediation process must focus on, and have, the best interests of the child as its goal, she said.
Adie, who handles marital disputes, divorce and custody cases, supports a move towards mediation.
She said custody battles in court could prove detrimental to the welfare of the children involved.
“Dragging children to court can be too traumatising and could scar them for life,” she said.
She also called on the government to focus efforts on improving public perception towards mediation as a means to resolve child custody disputes.
