The Family Court decided to give custody of a child to the father should the mother travel to temporarily live in the USA, denying her plea for the child to accompany her.

Mr Justice Robert Mangion decreed that; “With all good intentions possible, uprooting a ten-year-old child away from her current school, friends, father, half-sister, maternal grandmother and her familiar surroundings, carries a lot of risks”.

The mother wanted to further her studies in Graphics design in the USA and currently holds dual Maltese-American citizenship.

She was 16 when she met the child’s father through the internet, who was 25 at the time. She informed him on several occasions that she wanted to continue her studies abroad, the court heard.

The father expressed concern that should the mother be allowed to take the child to America, she might change her mind and never return to the island, explaining that he does not have the time, funds and energy to pursue an international abduction case. He argued that a course in graphics design could be pursued anywhere in Europe including Malta.

One of the court’s main concerns was that temporary relocation to the USA could have a negative impact on the child’s development.

A court expert said that children who have to drive for over an hour to reach one of their parents are less well off than those whose parents do not relocate. “Although the child seems to want to go to America, it appears that she is aware that this is her mother’s dream and she feels a strong sense of loyalty towards her to help her actualise this dream,” the expert said.

The Court prohibited publication of the names of the parties in order to protect the identity of the minor.