ASEAN co-mediation of child custody rows proposed

AKLAN, Philippines – Singapore Chief Justice Sundaresh Menon tells his counterparts in member-states of the Association for Southeast Asian Nations (ASEAN) to consider co-mediation in dealing with cross-border child custody rows.

Menon says joint mediation by alternative dispute resolution (ADR) agencies from two nations where the parties in a dispute come from “may provide a solution,” as mediators are “more familiar with and sympathetic” to the parties.

The process may involve the two government’s ADR arm or even private mediation centers, according to a document obtained by Rappler.

The briefing note was distributed to country representatives to the 3rd ASEAN Chief Justices Meeting, which ended Tuesday, March 3, here in Boracay island.

The judiciary leaders agreed to form a working committee to tackle more closely the matter tabled for discussion by Menon. (READ: ASEAN chief justices tackle cross-border child custody rows)

“Courts face child relocation and abduction issues” when “marriage between parties of different nationalities within ASEAN” is at risk, wrote Menon in a separate letter sent to Philippine Chief Justice Maria Lourdes Sereno.

“Issues arising out of these kinds of cross-border cases will increase for our citizens as ASEAN integrates economically and socially,” he added.

While court traditions differ among ASEAN member-states, judicial cooperation can help boost investment. (READ: SC: Efficient courts vital to ASEAN integration)

Region’s own instrument

In his paper, the Singapore magistrate offered other possible options that ASEAN judiciaries can explore to cushion the impact of disputes arising from collapsed mixed marriages.

His 3-part briefing note involves judicial cooperation, co-mediation, and accession to key international conventions or, better yet, the development of ASEAN’s own convention on child custody disputes. 

“Alternatively, an ASEAN instrument could be developed along the lines of the Hague Convention modified to suit the needs of ASEAN nations,” he said.

Menon is the first Indo-Singaporean to become chief justice of Singapore, ASEAN’s richest nation. 

He said ASEAN governments could also consider accession to key conventions, including the 1980 Hague Convention on Civil Aspects of International Child Abduction, the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption of 1993, and the Hague Convention on Parental Responsibility and Protection of Children of 1996.

Menon recognized, however, that this involves a “long drawn process” and is “within the purview of the Executive rather than the Judiciary.” – Rappler.com