Last weekend, Prime Minister Robert Abela highlighted the government’s intention to reform the family courts.
He said that he would want a national consultation on the subject, which is the right way forward. This was in reference to the news that a White Paper regarding the subject was being worked on.
Among the issues he mentioned, was whether a specialized family court should be established, rather than just having a specialized section. He questioned whether a stronger mediation process is needed, and also said that there is no formal structure when it comes to how maintenance and access are fixed, while asking whether grandparents should also be given access rights.
From his speech, one can gather that the Prime Minister’s main issue was also the length of time cases take to conclude. Official statistics show, for instance, that there are currently 1,174 active cases in the Civil Court, family section.
Abela questioned how situations were such sensitive cases dealing with the lives of parents and children take years to conclude.
Family court cases are indeed sensitive cases, and improvements to the system are needed. But any changes will require thorough consultation and serious thought.
The introduction of some form of automatic maintenance mechanism could, for instance, help alleviate pressure on the courts, but a discussion is needed.
The Prime Minister questioned whether a stronger mediation process is needed. While this could be beneficial in certain cases, in some cases a couple, or one part of that couple, wouldn’t want any mediation whatsoever to begin with. Perhaps that person fears their partner for instance, but hasn’t had the courage to file a police report. These are scenarios which need to be considered.
In his speech, the Prime Minister also mentioned parental alienation. This is an issue that needs to be addressed where, in some separation or divorce cases, one parent tries to turn their child against the other. It is a serious issue which is not easy to tackle.
In all, a quicker resolution to family cases would be better for all involved. It would mean that children would be able to settle into a new situation more quickly. It would mean that the parents would be able to start their new lives, rather than being bogged down in lengthy legal proceedings which could cause further emotional and psychological harm.
While on the topic of children, are any improvements needed in terms of the protection of and support for children when it comes to separation proceedings? Perhaps this is something that could also be looked into.
The discussion on these issues will require input not just from lawyers, but also social workers and other experts in their respective fields.
One should also mention the physical space available for the family courts, and whether, perhaps, more space should be allocated for it, given the number of cases.