Mother appeals jail ruling in child access case

A nine-year-old boy's mother, who was jailed for two weeks for breaching a Family Court's ruling, has filed an appeal claiming the judgment was "too harsh" and went against the child's interests.

The mother explained how on July 9 she was jailed for failing to allow the father of her son access to the child on March 9 and again on April 6.

In two separate judgments, delivered by Magistrate Anthony Vella, she was jailed for one week for each occasion. Last week she appealed, claiming she felt aggrieved. She outlined how she had been married to a man when she gave birth to her son, who was registered as being the son of her husband. In 2005 another man, with whom she had had a relationship, initiated proceedings to be declared the biological father of the boy.

His request was turned down by the Family Court. Pending the paternity proceedings, however, the man had been awarded access to the boy, the mother said.

He was scheduled to collect the boy from school on March 9 but he did not because he went abroad without informing the mother. In fact, she said, it was the boy who told her that the man was going to be away and, that day, she went to pick him up from school.

The mother claimed she never refused to allow the man access to her son. It was he who breached the court ruling and did not go for him on March 9. In the April 6 case, the mother argued that the charge had not been proven because, when the man testified, he could not recall the date and when pressed by the court he mentioned May 4. This meant the charge was not proven, she insisted.

The mother also argued that the man did not have any legal status over her son. The Family Court had only granted the man access to the boy pending the outcome of the paternity proceedings. These were now concluded and the man was not declared to be the biological father.

The mother added that the punishment was too harsh when one took into account that she had a clean criminal record and that this was the first time there was an incident regarding access rights.

She noted that, despite all this, she had always cooperated with the man regarding access even though he never paid maintenance. Moreover, she concluded, the boy lived with her and she had his care and custody. Jailing her was not in her son's interests.

Lawyer Norma Vella signed the appeal.