NEGRIL, Westmoreland — Drawing from her personal experience with parental abandonment, and her background as a justice of the peace and child diversion mentor, Westmoreland resident Jhoenea Suena Wilson has submitted a petition to Jamaica House pushing for major changes to the Children (Guardianship and Custody) Act, and the Maintenance Act.

“This is something I have experienced, seen, and have first-hand knowledge of when it comes to laws no longer serving our current reality, given the economy and the cost of living,” argued Wilson in an interview with the Jamaica Observer on Tuesday.

“When it comes to maintenance, either parent — whether father or mother — can abandon a child and return whenever they desire to disrupt, rather than add value to, family life,” added Wilson who also serves as a justice of the peace (JP).

Wilson, a first-year law student, explained that her legal studies and personal encounters in the Family Court opened her eyes to gaps in the system.

“In my case, my baby’s father — who has been absent for seven years — brought me to court for custody, but at the same time, the maintenance was not factored in. You would have to apply for that separately,” stated Wilson as she argued that a parent should not be allowed to remain absent for more than two years and then arbitrarily re-enter a child’s life.

Launched on October 10, Jamaica House Petition #236 has 40 days to gather 15,000 signatures to warrant an official response from the Government. It has already gained the support of more than 80 signatories.

The petition focuses on three key objectives — introducing an equitable maintenance calculator, establishing clear legal definitions for abandonment, and holding absent parents accountable for leaving the full burden of child care on one parent.

In 2024, the Government updated the Maintenance Act to extend a parent’s legal obligation to support their child through tertiary and vocational education up to age 23. However, Wilson is questioning the law’s effectiveness without clearer enforcement guidelines.

“What good is extending child support up to age 23 if the court still relies on guessing games to calculate the amount and lacks automated mechanisms to enforce it?” asked Wilson.

“They gave us the frame, but Petition #236 is demanding the tools,” Wilson added.

She pointed out that while the 2024 update addresses eligibility and duration, it lacked a standardised calculation formula used in other jurisdictions, leaving financial amounts entirely to judicial discretion under Section 5 of the legislation.

“My petition demands an additional amendment to create a uniform, mathematical calculator built right into these sections so that child support is calculated objectively based on true parental income, rather than guessing games,” stated Wilson.

Additionally, the petition seeks to insert a statutory definition of child abandonment into Section 2, ensuring that a parent who vanishes physically or emotionally can be held criminally and civilly liable.

Wilson also highlighted procedural gaps, noting that the parent awarded custody under Section 7(1) of the Act faces extra legal hurdles to claim maintenance from the other parent.

To address this, the petition calls for an administrative bridge in Section 7 to automatically link custody rulings with mutual maintenance orders.

Furthermore, Wilson emphasised the psychological impact of sudden parental re-emergence.

“The 2024 update completely ignored the emotional and psychological well-being of the child. This petition demands a brand-new regulatory section establishing mandatory reunification counselling to ensure that an absent parent who walked away cannot weaponise the new custody age frameworks to abruptly force their way back into a child’s life without supervised, court-guided steps,” Wilson argued.