Gender & Sexuality - Monday, April 13, 2009 17:06
Are Barbados’ child support and paternity laws skewed against men?
By Kathy Lehay, Staff writerThe Men’s Educational Support Association (MESA) calls for a change in the Maintennance Act and paternity rules in Barbados. Our Gender writer, Kathy Lehay believes it is a call worth endorsing.
When MESA speaks, some feminists yawn.
While at times misogynist, their musings still need to be considered objectively since it does not serve the agenda to ignore them blankly. Indeed, gender inequality thrives when one gender group self identifies as being less than the other – and this has, at times, been MESA’s claim in many of its messages.
One area in which Barbadian men claim to be maligned is with respect to child support and paternity testing, which MESA chairman Ralph Boyce says is skewed in favour of women.
Under the current Maintenance Act, men in Barbados are obliged to pay child support to a former spouse, even for a child that is not theirs. Compounding this, Boyce says, men are solely responsibility for covering the costs of paternity tests, and the chairman is further incensed that there is no refund available for negative results.
The Maintenance Act’s so-called ‘assault on men’ goes further by stipulating that only the legal guardian of a child – normally the female – can give permission for the child to have its DNA tested, a request which she could theoretically deny and thus hold a man responsible for child support in perpetuity for a child which he did not father. In addition, courts have been known to block requests for DNA testing and fail to recognise test results.
In light of the above, I endorse MESA’s lobbying drive to have the Maintenance Act revamped, and to legislatively mandate that the authority to initiate paternity tests (and the responsibility to pay for them) be shared equally between partners.
While I do not subscribe to the underlying implication that all women are prone to putting ‘jackets’ (outside children) on unwitting men, denying them the right to know the child’s paternity and extracting money from them, it would be naive of me to think that it does not happen – albeit as an exception rather than the rule. Moreover, the Maintenance Act as it stands now can only serve to inflame tensions between men and women, inspiring the same distrust and disrespect within men for women that leads to domestic abuse, gender based violence and discrimination.
It goes without saying that skewing legislation in favour of women does not does not make for gender equality.
This and other issues – including MESA’s new stated commitment to spearhead programmes for abusive men – are contained in the organisation’s annual report for 2008, available from the organisation’s headquarters at #10 Garrison, St. Michael.
The views expressed above are solely those of the named author, Kathy Lehay, and do not represent the Antillean’s official view.
Related articles:
15 Comments
eemanee from Saint Michael, Barbados
Hmmm…
Barbadian magistrates were on record as saying that in most cases where a man asks for a paternity test in matters of child maintenance, it is usually a delaying tactic and the tests results usually reveal that the men indeed are the fathers. This was reported in the Nation newspaper, do check it out.
Many maintenance orders are woefully inadequate and difficult to collect.
Let’s go back to registration of a birth. A single woman cannot register the name of the father on a child’s birth certificate the father must do that in person. It’s erroneous to portray men as being at the mercy of mercenary women who regularly outfit them with jackets for the sheer humiliation of appearing in the Magistrate’s court, getting awarded the odd $50 per week and having it not been paid in after they’ve waited in line to collect it.
The Maintenance Act may very well need revamping and some men may indeed feel that justice has not been served but MESA tells a one-sided, misleading tale. One that no thinking person could possibly endorse.
Thanks for the heads up on that Annual Report.
Kathy Lehay from Saint Michael, Barbados
Hi Eemanee – Thanks for your comment. I hope that I got my point across that I did not endorse MESA’s position in full, and I fully got the underlying presumption that ‘[most] women put jackets on men’, but my agreement was with the maintenance act and responsibility for paternity test payment.
Be it as it may that men need to sign their name on the child’s birth certificate, I’ve personally come across cases where the child’s paternity is called into question by the father, e.g. after revelations of infidelity by his partner, etc.
That doesn’t represent a delaying tactic, and while statistically it may be true that most men who request tests do turn out to be the child’s father, I am not sure it was wise for magistrates to go on record basically admitting their preconceptions like that.
As I said, MESA puts a spin on everything and I am far from a fan, but if there are even 2 or 3 men in a situation where they’re being denied the right to know a child’s paternity – that’s too many.
Ashmita Maharaj from Saint Michael, Barbados
Yikes! Look who’s agreeing with Kathy.
I agree with eemanee. I know nothing of MESA and the case in Barbados, but I can’t se a woman honestly wanting a dead beat father around so much that she wuld deny him all avenues to know the child is his.
And $50 per week? Is that seriously considered ‘maitennance’?
Marcus from Saint Michael, Barbados
help me out. is there something wrong with the article? or is this more of a ‘how dare men say even 1 woman can be menacing and maniacal’? disclaimer: i am happily married to a woman i adore, but was with menacing and maniacal women before, ONE of whom actually did try to give me a lovely jacket before admitting it was fathered by my best friend. i digress. also, i’m a guy and i find mesa is full of sh!t, except on this particular issue.
PaternityTest from Prahova, Romania
I think that only the child’s real father should pay child support, and everyone must have the right to choose whether they want to take the test!
WoodSlave from Saint Michael, Barbados
I find it really interesting that when women do wrong, other women are quick to say that “It must have been a man’s fault to make her do such-and-such”. Just as in the case of a man, anytime a woman steps out of a relationship, they are wrong.
If you think the current man/woman is doing you wrong, leave. Simple, yet effective. Would you stand for your husband bringing home a child from his outside woman? And please don’t tell me it happened in the past. Different times, different society. And “jacket babies” were in full swing then too.
All I am saying is this – if there is a paternity test to be had, both should pay. If you say no, and the man requested the paternity test, let him pay, and if he is not the father, let him be reimbursed. If he is the father, and it is suspected that he is using a “delay tactic”, then have him pay court costs and lawyer fees as well. These tend to be hefty, and persons would rather not bear them.
As for a man having to pay support by force of law for a child that is not his, how is this fair? IF the man decides that he wants to because he has grown to love the child, then this should be his prerogative. Don’t make a man have to work and support a child that is not his, while some deadbeat is out there not doing his fatherly duties. Also, using the argument that it in the “best interest of the child” is also a lame excuse. The best interest of the child is to know whom its real father is, and who by rights should be supporting him/her.
Steven B. from Saint Michael, Barbados
Woodslave you make a good point but boy you didn’t read that if a woman declines the paternity test, there can be none at all?
WoodSlave from Saint Michael, Barbados
Steven B.
I did read it. And it is a shame that men (or women if it was a law concerning them) can be held to ransom like that. Not only must justice be served, but it must appear to be served. Nuff said.
Trinidad. Adventist. Gay?! from Port-of-Spain, Trinidad and Tobago
This is a very complex thing:
http://www.law.com/jsp/article.jsp?id=1144414531354
I think this is an issue of “father” being described as “money” for all intents and purposes since custody is almost always one-sided.
From a male perspective divorce is one thing: you lose half of everything plus your children and then you have to pay for it.
The question is: why has the role of the father become simply one of economics in this “enlightened” age?
(The other thing is; How long can a simple paternity test “delay” a custody battle? I cannot buy that argument.)
Darlene Arthur from Florida, United States
I am a Bermudian, who was married to a Bajan for nine years, he left Bermuda to avoid paying child support I have breast cancer and my child has severe asthma, I do not work and we are literally suffering. My exhusband has property and a home there I would love any kind of help I can get. My exhusband knows I am not financially able to come after him, he lives in a recent renovated home and is remarried and goes on with his life as if his daughter does not exist. I wish him all the best in his new life I do not care that he is remarried nor how he lives I JUST WANT SUPPORT….Fathers stop….take care of your children they are our future.
Heaven from Saint Michael, Barbados
Darlene I know your ex husband and I will say while there are two sides to every story your ex husband is an idiot. While he was married to you he ignored the children that he left back in Barbados, so your daughter is now being treated the same way..
Darlene Arthur from Florida, United States
HEAVEN: When I married my ex he was living in Bermuda, I believe his son was a teenager and his daughter I believe five years old. He ignored his kids the day he left Barbados to come to Bermuda to be with a woman…..I learned of these kids after the fact, did I agree with him being a deadbeat father of cause not I am a mother and was a mother before I married him…So yes my daughter is suffering as I am sure his other kids did, however one day he will be accountable for his actions I hope and pray I am still around…. I am presently trying to find him and when I do I will make sure he takes care of his responsibilities…however he keeps evading the authorities…..
Heaven from Saint Michael, Barbados
Darlene…last time I checked he was in Cayman Islands but i am not sure if he is still there.
Bajan Father from Saint Michael, Barbados
There is an inherent bias against men in the laws relating to paternity and children. And yes, there are men who ignore their children and who should be made to face consequences, however there are also cases of women with 4 children from 6 men. In fact this scenario is quite common.
A magistrate should judge the case before him or her on its merits, to make a blanket generalisation about paternity tests is highly inappropriate. What is wrong with a man wanting to be sure that he is about to take on a lifetime committment that is actually his? From the reaction of some to this article it would seem that women NEVER have sex with more than one man in a menstrual cycle.
Further, in the cases where heaven forbid a father should actually want custody of the child, God help him! If the mother wants them there is no way in heaven or earth that the father will get them, short of the mother being a drug dealing serial killer (and sometimes not even then)
Is the law always perfect? No there are several cases where it is blatantly biassed against women (have a look at how citizenship applies if a Bajan woman marries a foreigner, as opposed to a Bajan man marrying a foreigner) However women have a very organised lobby for women’s rights and women’s issues. (as they well should) MESA is perhaps not perfect, however it is in the Barbadian case the first organised voice to attempt to address gender issues that relate to men. It is ironic that the most hostile response to their comments are from those who most demand an ear for their own issues.
Leave a Reply
- Constitutional reform referendum defeated in St. Vincent & the Grenadines
- On World AIDS Day 2009, sexual minorities are still criminals in the Caribbean
- Barbados school boys allegedly beaten by teacher, caught on tape
- Guyana’s President Bharrat Jagdeo nominated for Nobel Peace Prize
- Barbados: School teacher shown in shocking video says it was only a prank
- Referendum day on monarchy, constitutional reform in St. Vincent & the Grenadines
- Jamaican government imposes new taxes ahead of holiday season
- Powerful 7.3 earthquake and aftershocks hit Haiti, tsunami watch issued
- Harpooning Caribbean tourism: Swallowing a dead rat
- Caribbean islands prepare to take in Haitian refugees
- Region in drought: the thirsty Caribbean
- I visited the castle in the late 60's and early 70's. I am greatly saddened by ...
- As a student from Australia, where i see the humpback whales every year on their...
- i have been to sam lords since 1991 when they had a shark and monkys there wow w...
- I spent a glorious week at Sam Lord's castle for my honeymoon back in the 80's a...
- umm...........im just like wtf!! :~P really teachers have no right to use corpor...
- we got married at sam lords castle in 2001 and have to say how wonderful it was ...
- Hello,
I stayed in this hotel back in the 1970's. I was a child. I recently vac...
- I used to love this place, had fantastic family holidays there 10+ years ago. I'...
- Bandwagonist
One Trinidadian blogger’s take on life, technology, entertainment and politics - Barbados Free Press
Unconventional citizen journalism on social and political happenings in Barbados - Barbados In Focus
Astounding photography by the talented Barbadian photographer Keith Clarke - Barbados Nation
Barbados’ most widely read daily newspaper - Blah Bloh Blog
Blog of a thirty-something, moderate-liberal, working single mother in Grenada - Caribbean 360
Aggregator of news and current affairs headlines in the Caribbean - Global Voices Online
A nonprofit, global collective of bloggers and citizen journalists - Jamaica Gleaner
Jamaica’s leading daily newspaper - Lullabies, Fairytales & Self-Delusions
The ‘must read’ blog of a prolific blogger from St. Vincent & the Grenadines - Project Diaspora
An advocacy blog made up of members of the African diaspora worldwide - The Good, The Bad & The LOL
A Barbadian’s entertaining take on the social, political and cultural currencies on the island - The Wisdom of Whores
Blog of HIV/AIDS specialist, Elizabeth Pisani - Trinidad Guardian
Trinidad & Tobago’s leading daily newspaper - Wuz De Scene
An entertaining though irreverent Trinidadian social commentary blog
CARICOM Affairs - Mar 13, 2010 14:30 - 0 Comments
St Lucia to begin public consultation on the Caribbean Court of Justice this year
More In CARICOM Affairs
- World Bank offers CARICOM debt assistance
- Harpooning Caribbean tourism: Swallowing a dead rat
- Region in drought: the thirsty Caribbean
- Disasters need more than prayers
- To OAS or not to OAS: That is the question
News & Current Affairs - Mar 14, 2010 20:37 - 0 Comments
Jamaica: Deadly Water Sold for Drinking
More In News & Current Affairs
- David Thompson’s cabinet reshuffled, again
- Region in drought: the thirsty Caribbean
- Professor Rex Nettleford is dead
- Caribbean islands prepare to take in Haitian refugees
- Powerful 7.3 earthquake and aftershocks hit Haiti, tsunami watch issued
OP-Ed & Features, Gender & Sexuality - Feb 6, 2010 14:07 - 0 Comments
The Caribbean, religion & the legislation of sexuality
More In Gender & Sexuality
- Barbados Family Minister says men deserve more legal rights to their children
- On World AIDS Day 2009, sexual minorities are still criminals in the Caribbean
- The same sex marriage debate: separating religious rites from civil rights
- Words hurt: is it time for hate speech legislation in Barbados?
- A Young Spin on an Old Tale: Youth and HIV/AIDS







[...] Bajan Dream Diary: Are Barbados’ child support and paternity laws skewed against men? [...]