The Malta Independent 4 June 2024, Tuesday
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‘Children cannot be allowed to become victims’ – Abela on importance of family court reforms

Wednesday, 15 May 2024, 20:25 Last update: about 19 days ago

Prime Minister Robert Abela highlighted family court reforms which the government wants to implement, during a political event on Wednesday.

The reforms will be implemented following a consultation process which is ongoing.

He said that the public consultation process will lead to a new legislative framework. "We cannot allow children to become victims," he said. "No matter what the situation, what is sure is that children can never be victims of family problems, or victims of a judicial process where, because the process is  indifferent to the sensitivities of families, we would have children who are traumatised by the judicial process."

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"We saw the reality where families that are already suffering due to matrimonial problems, would go to court and enter into a second crisis. Instead of finding a structure through which they can solve the problem or close the chapter and start a new life, instead entered a labyrinth of new problems, of never-ending expenses."

He said that the government had a choice, to be indifferent, or go for reform. "In 2002 there was a reform, the first step. But that step wasn't followed with other needed steps. Because for 22 years no more reforms occurred, new injustices were created," he said.

Abela said that a document was issued for public consultation, "but before that we went to people to hear their experiences."

He mentioned some of the experiences people told him about.

"A parent who for months, if not years, was denied access to their children. Who didn't see their child grow up. Why? As there was the concept of parental alienation - either by a court decision cutting off access or as there was a parent working to cut off the other parent from the children."

He mentioned grandparents who helped raise their grandchildren from birth. "Because the couple decided to separate, they never saw their grandchild. These are the realities some face. The discussion turned to whether we should introduce new concepts, as to whether grandparents should have access, or concepts of joint parenting, where despite the matrimonial relationship breaking, whether there should be the principle be that both parents have equal rights in the raising of their child."

Abela spoke of parents who were made to pay maintenance that they cannot cope with. He mentioned some asking how there were no regulations on how maintenance be paid.

Abela said that the mediation process is important. He said that if there is the possibility to reconcile a family,  they make every effort to do so. He said that there are many successes through mediation. When that stage fails, mediation should take a second dimension, he said, "which leads to the parties finding agreement to close a contract and continue their lives as quickly as possible."

 


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