The Family Court today rejected the request made by the Department of Social Welfare Standards to return two children to their father in Belgium after the mother brought them to Malta last year.

Mr Justice Robert Mangion ruled that the father was aware that the mother was bringing the children to Malta and that she intended to stay. This was evident since he was looking for a job in Malta and had put their matrimonial home in Brussels on the market.

The case has been opened by the Department in March this year.

In May 2014, the mother came to Malta with the two children - a boy and girl under the age of three

The father said that he expected her to return after a week or so but she did not. The mother said that the father was well aware that they had not decided on a return date and that she had come to Malta to clear her mind over what was going on in the marriage.

The judged noted that when the mother came to Malta the father expected her to return at some point. When she decided not to she had committed "unlawful retention" of the children.

However, after that the father was in touch with the mother and, as the issues unfolded and she filed for separation, he put their Belgian home on the market and tried to find a job in Malta. This showed that he was "acquiescing to the retention" of the children.