By DayakDaily Team
KUCHING, June 15: Representing Sarawak at a national child rights reform symposium in Parliament, youth delegate Telford Engan Tan called for stronger safeguards to protect children in family law settlements, warning that they risk becoming bargaining chips in negotiations between adults.
The call was made during the Symposium on Children’s Rights Legislative Reform: The Child Act 2001 and Good Practices under the Convention on the Rights of the Child (CRC), held at the Parliament of Malaysia from June 8 to 9.
The symposium brought together policymakers, legal experts, child rights advocates, civil society organisations, and youth representatives to discuss reforms to Malaysia’s child rights framework.
During a session on Children’s Access to Justice and Effective Remedies, which featured former Chief Justice of Malaysia Tun Tengku Maimun Tuan Mat, Telford raised concerns that while alternative dispute resolution (ADR) and out-of-court settlements can help reduce court backlogs and encourage faster resolutions, they may not always produce fair outcomes when there is a significant imbalance in bargaining power between parties.
“ADR settlement is often seen as a practical middle ground between parties. However, when one party has greater negotiating strength, it may not truly reflect a fair compromise,” he said in a statement.
He stressed that the issue becomes particularly significant in family law cases, where decisions directly affect a child’s custody, welfare and future.
“This becomes especially serious in family law cases where the outcome directly affects the custody and future of a child. A child cannot be treated as part of a bargain between adults. The welfare and best interests of the child must be the central consideration,” he added.
Telford said Malaysia’s ongoing efforts to strengthen child rights legislation and its commitments under the CRC should be accompanied by clearer safeguards for child-sensitive dispute resolution within the family justice system.
Among the measures he proposed were ensuring that settlements involving children undergo proper scrutiny by child rights specialists, and that judges, lawyers and welfare officers are guided by CRC principles when handling cases involving children.
He also said that ADR remains an important component of the justice system, but should be supported by safeguards that prevent vulnerable parties, particularly children, from being disadvantaged.
“The KPI for ADR should not simply be measured by how quickly a case is resolved. In cases involving children, the measure of success should be whether the outcome protects the child’s welfare and long-term development,” he emphasised. — DayakDaily
Telford attended the symposium as a youth representative from Sarawak, contributing to discussions on legislative reforms and the protection of children’s rights in Malaysia. — DayakDaily
