CHAPTER 123

FORMERLY

HOUSE BILL NO. 105

AN ACT TO AMEND CHAPTER 15 OF TITLE 13 OF THE DELAWARE CODE RELATING TO A BILL OF CHILDRENS' RIGHTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §1507 of Title 13 of the Delaware Code by adding thereto a new subsection (g), as follows:

"(g) In any case where there are living children of the marriage, the petitioner shall submit with the petition an affidavit signed by the petitioner showing that the petitioner has read or has been advised of the following childrens' rights, which shall be set forth in full in said affidavit:

1. The right to a continuing relationship with both parents.

2. The right to be treated as an important human being, with unique feelings, ideas and desires.

3. The right to continuing care and guidance from both parents.

4. The right to know and appreciate what is good in each parent without one parent degrading the other.

5. The right to express love, affection and respect for each parent without having to stifle that love because of fear of disapproval by the other parent.

6. The right to know that the parents' decision to divorce was not the responsibility of the child.

7. The right not to be a source of argument between the parents.

8. The right to honest answers to questions about the changing family relationships.

9. The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans.

10. The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other."

Section 2. Amend §1511 of Title 13 by adding thereto a new subsection (e), as follows:

"(e) In any case where there are living children of the marriage, the respondent shall submit with the response, or other responsive pleading, an affidavit signed by the respondent showing that the respondent has read or been advised of the childrens' rights' set forth in §1507(g) of this Title, which rights shall be set forth in full in said affidavit."

Section 3. The childrens' rights as set forth in this Act are a statement of policy only, advisory or cautionary in nature, and not intended to carry the force of law.

Approved July 17, 1989.