Trauma in separation cases: 'There are children as young as five or six on anti-depressants' - committee
(Stock picture)
The Parliamentary Social Affairs Committee has called on the state to offer temporary help to those separated spouses who are not being paid their maintenance on time and are therefore suffering hardship. Such assistance would be given until maintenance is resumed.
The recommendation is one in a series made by the committee which discussed ways to improve the Family Court and to ease the trauma of children in separation cases. The document is now open for public consultation.
Other recommendations include extending maintenance until children are 21, giving more legal assistance to children in separation proceedings, and legislation to protect the unborn when women in separation cases are pregnant.
In its recommendations, the committee insisted that the conditions laid down in separation contracts or court sentences in separation proceedings must always be respected, especially where the children are concerned.
The committee said there should be stiffer penalties against those who violate the contract conditions. When maintenance is not paid on time, the Criminal Court should have the authority to order immediate payment or payment within an established time.
It was also felt that cases before the Family Court for payment of due maintenance should be heard summarily and decided in one day. The hearing should be appointed with two weeks of filing.
Furthermore, it should become common for the courts to order that maintenance payments be deducted directly from one's pay.
'GIVE A VOICE TO CHILDREN'
The committee said that children need to be given a voice in separation proceedings as a way to reduce their trauma.
"During separation proceedings, children must not be considered as being an object. Children are an integral part of the family and their rights and interests must be safeguarded throughout the process of separation and afterwards, especially with regard to access by the parents."
The committee said the law needed to be more detailed with regard to the children's interests. Indeed, there should be ad hoc legislation on the children's rights.
The Children's Commissioner should have the legal power to evaluate legal procedures and laws to safeguard the children's interests.
In separation procedures where problems related to the children were evident, the mediators should have the possibility of hearing the children without the presence of the parents. They should then continue to hear the case in the presence of the parents. Where necessary the mediators should hear the parties on their own.
When no reconciliation between the spouses was possible, mediators should put the interests of the children first. The mediators needed to help the parents understand that they must adapt themselves to the needs of the children, and not the other way around.
ACCESS TO CHILDREN
The committee said that whenever problems cropped up about access to children, and the police become involved, policemen should be in plain clothes and unmarked vehicles should be used. In such cases, the police and social workers should put the interests and the wishes of the children first.
"In no circumstances must the exercise of access take the form of an arrest of the minors," the committee said.
Whenever access could not be granted because of illness, social workers should intervene to facilitate matters, rather than having the case end up in the courts.
The committee noted that there were many cases when the children refused to obey court orders on access. It said that while the parents should do their best to ensure that the children stayed in contact with both of them, facts showed that forcing the children for such contact against their will was leading to psychological problems.
"There are even children as young as five or six on anti-depressants" the committee said.
MAINTENANCE UNTIL CHILDREN TURN 21
The committee recommended that maintenance to children should continue until they are 21, thus encouraging and enabling them to follow post-secondary courses. In this way, the children would not need to file a court application for such maintenance, as is done at present.
The committee also suggested that children should no longer be taken to police stations to await their other parent for access. "We are having children who are seeing police stations as being their second home," the committee lamented.
A service should also be introduced so that social workers could intervene whenever the police received reports of violence on one of the parents or the children.
SERVICES AT FAMILY COURT
The committee also made recommendations for changes in the structure of the Family Court. The recommendations include the setting up of an information office of the Family Court. The office would also provide the services of a psychologist and legal aid, as necessary.
In the Family Court, the process needed to be more child oriented, and the judge should be assisted by two experts to safeguard the interests of the children.
The committee said that sentences in separation cases involving the children could never be definitive since circumstances changed. The committee said there should be a procedure to monitor the implementation of the separation conditions. That work could be done by social workers.
The committee was also of the view that the children should be assisted by a lawyer in all separation cases, and not as the discretion of the judge. This would give a stronger voice to the children in the proceedings. The role of the children's lawyer should be specified by law.
PROTECTING THE UNBORN
The committee said legislation was also needed for the courts, in separation cases, to protect the rights of the unborn when the wife is pregnant.
The committee is headed by Edwin Vassallo. The report can be found at
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A.Vella
May 10th 2010, 18:08
What a joke of a country! No the state should not pay 1c for these cases of separated parents or unmarried single parents!! This is a disgrace! We people who are responsible end up paying for these irrisponsible parents!! Children are the responsability of their parents whether together or apart! I was always paid for by my parents except for the children's allowance! My parents had their own problems like any other parent but they always took care of my needs before theirs. Today young parents who have these type of problems still want to live the grand life and still go out partying! No wonder the generations are getting worse! And the status of a single mother seems to be the fashion! What a joke! I can't imagine what type of society we will have when these children grow up! I would like to add that not all parents are so and I really congratulate the ones who are able and work hard to provide a healthy environment for their little ones! At least thanks to you we can hope for a better future!
P. Bajada
May 10th 2010, 17:27
I do not feel that the state should shoulder this responsibility. Our courts should on the other hand request a bank guarantee to be made equivalent to a few months maintenance so that the separated spouses are assured that paying party will honour its commitment. The courts should also impose a fine on late payments mainly if these are related to the children’s maintenance.
The state should only intervene if the paying party has no income or assets what so ever and in that case a loan should be issued to cover any shortfalls, which loan will be repaid back to the state.
While I agree that children should be protected, I do not believe that children’s maintenance should be extended up to 21 years of age. One has to also take note of the hardship a person has to undergo so as to assure the payment of maintenance towards his or her separation for many years while trying to rebuild one’s life.
Claire Busuttil
May 10th 2010, 16:42
Poor kids, at least parents, should do everything to make them feel less traumatised, and not used them to attack the other part of the couple!!!
@Charles Sammut - no, I don`t agree with you, anti depressants can help these kids, if they are really so down, or depressed.......so what do you suggest???that no anti depressants are given, and risk some sucide move from the kid itself (things that happend!!!)
Of course they should be given in rare cases.
N Delia
May 10th 2010, 15:48
This report appears to based on the assumption that children of separated parents HAVE to be living with one parent (normally and henceforth referred to as the mother) and that the other parent's role (normally and henceforth referred to as the father) is (1) to provide the money (2) to have a few hours a week for access. Such arrangements will obviously lead to a deterioration of father/children relationship and create undue stress to all involved especially the fathers and the children. Fathers should be given the opportunity to maintain a health relationship with their children, be involved in their lives and daily things. The restrictions that apply overseas (where children have to travel long distances to see their non-resident father) do not exist in Malta, and it should become common practice to permit frequent (ideally daily) contact with both parents. Is this too much to ask?
Charles Sammut
May 10th 2010, 15:31
The medical health provider prescribing anti- depressants to these kids should be ashamed of himself. Kids needs love and support not some chemical that changes the chemicals in their brains. By the way is he aware that long term use of anti depressant medication causes permanent damage to one's brain? Zombiefying individuals does not cure anything.
ASpiteri
May 10th 2010, 14:24
@Elaine Compagno “I disagree with you, because the gov still takes various other burdens of society.. such as 'free' meds and healthcare, 'free' schooling, countless benefits for unemployed, sick and disabled and more recently the problem of care for the elderly. So as far as the gov being nanny.. if this is your definition of being a nanny, then it already IS”
May I also add single mothers, drug abusers, alcoholics, illegal immigrants, bogus unemployed...
You are perfectly right in claiming that we already have a nanny state...and that’s exactly why we’re in such a mess!
Governments needs to acknowledge that running people’s life is not exactly their role. Unfortunately, political ends have the upper hand for our political class and the welfare state offers the opportunity for political parties to continue with their massive influence over their subjects!
Down with the Welfare State...Down with Big Government!
J Spiteri
May 10th 2010, 12:28
"Trauma in Seperation Cases" ... to reduce or diminish this trauma, seperation cases MUST be tackled as urgent as possible without any feet dragging in the law courts!!!!!!
There are cases where a parent decides to make life hell to his ex-spouse ... and consequently to his own children .... abusing from the power he has in his hands just because there are no court rulings yet!
ASpiteri
May 10th 2010, 11:44
@Elaine Compagno...NOTHING SHOULD BE DONE...simply because is not the government’s responsibility to take the burden of social problems like these!
Of course, if u perceive the government as some kind of a nanny, responsible for us from the cradle to the tomb, then i can clearly comprehend you. But what you’re missing is to truly understand what the role of government ought to be!
If we continue to demand government intervention in these kinds of problems, then we have no other option to accept the fact that government will need to collect more money from taxes and running public finances on deficits. And if this is no concern to you, let me advice you to follow what is happening in Greece!
Leave the responsibility of the individual on the individual HIMSELF. If a parent has left their children in such a state, it should be the parent HIMSELF to take care of his or her own children and NOT THE STATE!
If you’re still finding it hard to comprehend my philosophy then i suggest you to google...
Ayn Rand
Elaine Compagno
May 10th 2010, 13:05
I disagree with you, because the gov still takes various other burdens of society.. such as 'free' meds and healthcare, 'free' schooling, countless benefits for unemployed, sick and disabled and more recently the problem of care for the elderly. So as far as the gov being nanny.. if this is your definition of being a nanny, then it already IS.
The elderly who are abandoned by their family at Mater Dei are equally irresponsible.. So what should the gov do? Throw the elderly (who have paid taxes all their lives) out into the street?
You need to see the bigger picture.
There should be a system for help provided to the parent and children who are the victims of the situation and then the perpetrator sued for damages in a tribunal, just like people are done over warden fines! That way, the gov will recover what it has spent. You must realise that this is what social justice is about. It takes the court too long to bring justice as things are now.. something has to be done.
Elaine Compagno
May 10th 2010, 11:05
Separating parents should be made to attend a course on the new parenting skills they will need. Addressing the new needs of the children and the do's and don't. Why getting along for the sake of the kids is of utmost importance.. why paying maintenence on time is crucial and how to make the most out of the access time.
Too many times do the parents use the children as pawns. Not realising the damage done to the parent-child relationship. And I agree that children should not be forced to see their parents. First the child.. then the parent.
ASpiteri
May 10th 2010, 10:50
continuing the expansion of the nanny state!
Why should the government take the burden from irresponsible parents who prioritised their selfish needs over the wellbeing of their own children?!
Taking care of children who of course are genuinely traumatised by their parents’ separation, is not what the role of government ought to be!
Elaine Compagno
May 10th 2010, 11:20
So what do you suggest happens?
It's ok for the government to assist every single parent with children's allowance regardless of their earnings, and to assist a family who's been left and hung out to dry by one parent is not the gov's role?
I look at it as an investment. Rather have the gov help out family in a crisis than leave them to live like that and start the long winding downhill to other problems like poor health, poor education, criminality, child labour.. all these problems still result in future government spending, such as higher burdens on state health and medicines, unemployment benefits, court and police expenses and keeping people in prison facilities.
Brian Farrugia
May 10th 2010, 10:42
Whoever is presecribing and/or administering anti-depressants to children so young should be arrested immediately.Child abuse at its best is what that action is.