Mother denied access to daughter under care order

The family court has ruled that it does not have the authority to order family access to a 12--year-old-girl who was the subject of a care order.

Mr Justice Noel Cuschieri delivered the judgment following an application filed by the girl's mother, grandmother and great-grandmother in which they requested that they be given access to the child.

The family told the court that a care order had been issued in respect of the girl in January 2003 and that they had not seen her for over five years. The order was issued after serious allegations were made against the family. But the family denied these claims and added that the police had not taken any action against them.

They requested the court to allow them to have contact with the girl as it was in her interest to meet her own family.

The Ministry for Social Policy, which had issued the care order, claimed that the family court was not empowered to decide upon this case as it involved an exercise of administrative discretion.

In the judgment Mr Justice Cuschieri pointed out that the law gave the ministry the same powers and duties with regard to the girl's care and custody as the parents would have. The ministry was also entitled to restrict the freedom of the girl.

The law also obliged the ministry to promote contact between the girl and her natural family if such contact was beneficial to the girl.

It was clear, said the court, that the ministry was empowed to use its discretion with regard to the girl, and any challenge to the care order had to be made in terms of the law which governed review of administrative decisions. The family court was not competent to carry out such a review.

The family's request was therefore dismissed.