Jail term against mother revoked

A week's jail term imposed against a mother for not handing her sons to her estranged husband in terms of arrangements for access has been revoked on appeal.

The woman had been accused and convicted for not turning up in Hamrun to hand over her two sons to her husband in terms of a marriage separation contract.

In her appeal, the woman pleaded that she could not turn up for an appointment with her husband for valid reasons in terms of law.

The court observed that tension between the woman and her estranged husband had remained high and this was having a traumatic effect on the children, aged 11 and 16. They were refusing to have contact with their father. Although their mother regularly took them to the agreed place so that they could meet their father, the meetings had ended up being an exchange of a few words which were sometimes not complimentary by the children towards their father. The children also refused to go with their father,

In this particular instance, the woman, some three hours before her appointment, sent an SMS to her husband telling him that she would not turn up with the children, but gave no reasons.

The husband turned up and then filed a police report.

The court said that while the woman could have given reasons to her husband, her reason was legally valid since she had been suffering a serious eye infection for two days and had been ordered by her doctor not to go out.

The court therefore upheld the appeal and revoked the prison sentence.

Dr Anglu Farrugia was defence counsel.