Bill to jail or fine those who urge children to defy visit orders by ‘any means’

TDT | Manama

Email: mail@newsofbahrain.com

Goading a child to defy a court-ordered visit, by any means, would carry jail or a fine under a bill before Parliament.

The bill, introduced by MPs Ahmed Al Salloom, Khalid Buanaq and Hisham Al Awadhi, would add a second paragraph to Article 318 bis of the Penal Code to make it an offence to incite a child in custody to refuse visits with the parent or person named in a visitation order.

The text states that the same penalty would apply to anyone who incites the child ‘by any means’ to avoid visiting, being visited by, or accompanying the person with the right to visit, where this runs against a court ruling issued in that person’s favour.

Incitement

Backers say the change addresses a gap in the law by treating incitement as an indirect way of frustrating court-ordered visits.

They argue it would strengthen protection for those with visitation rights and deter parents or carers from using their authority to sway a child against complying with an order, while centring the child’s best interests.

Under current law, refusal to hand over a minor to the person awarded custody or care after a request may be punished by imprisonment or a fine, even if the caregiver is a parent or grandparent.

Custody The law also penalises those who, without excuse, refuse to enable a person entitled to visit a child in custody from doing so.

In an explanatory memorandum, the MPs point to recurring post-separation disputes and the practical hurdles of enforcing visitation orders.

They note cases where custodians or relatives apply direct or indirect pressure, psychological or moral, on the child to reject visits, draining court rulings of effect and infringing the rights of those granted visitation.