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Girl torn between families

Woman asks court to grant her care of young migrant

The Maltese woman looking at photos of the Eritrean girl she took into her life. Photo: Chris Sant Fournier

The Maltese woman looking at photos of the Eritrean girl she took into her life. Photo: Chris Sant Fournier

A five-year-old Eritrean girl is caught in the middle of a heartbreaking legal battle between the Maltese woman she has lived with all her life and her biological parents, who are migrants about to relocate to Switzerland.

This situation would never have arisen if foster rules were enforced

Today, a judge will seal the girl’s fate, deciding whether she will leave tomorrow, as planned, with her parents and three siblings, or, as her “ad hoc” guardian is requesting, go on with her life in Malta until a smoother transition can take place.

Tragically, experts warn, this is not a one-off case.

Fostering regulations are frequently “sidelined” when it comes to migrant children who are offered up temporarily to Maltese volunteers by their vulnerable parents.

This is what happened to Clarissa* when she was just a four-month-old baby and a young Maltese woman, who used to help at the Ħal Far open centre, accepted to babysit her while the child’s mother sought employment.

But when Jane*, a 35-year-old with no children of her own, realised Clarissa was spending the rest of her week at a crèche, she offered to provide care on a full-time basis.

Although there was no paperwork involved, Clarissa spent five years living with Jane, who paid for all her needs, enrolled her in a private school and sent her to extracurricular activities such as ballet and gymnastics.

But despite Clarissa developing a bond with Jane, her extended family, school friends and teachers, her family has been given the chance to build a new life together and eventually get ­citizenship in Switzerland.

However, Jane has filed a court application for temporary care and custody of the child, as well as for a temporary warrant of prohibitory injunction, calling on the courts to stop the resettlement until the child’s interests are properly addressed.

Girl, five, caught in custody battle between families

Jane, who is being represented by lawyer Nicole Vella, says she does not want to stop Clarissa from starting a new life but demands that the child is prepared for the traumatic move and assisted by social workers throughout the process.

Clarissa was at no stage properly prepared for the resettlement and has already displayed signs of trauma and heartbreak at the thought of leaving the home she grew up in, according to Jane.

“She is being treated like a mobile phone... Just being picked up and taken abroad. She needs to be prepared for this completely different life,” she added.

Jane says she was only told about the relocation earlier this month. Although she had prepared herself for such an eventuality, she was taken aback by the insensitive process that ensued.

She also fears Clarissa’s parents only want her now because without her they would not be accepted by Switzerland, which takes in the most vulnerable of refugee families.

On Thursday night, Clarissa was handed to her parents after a bitter ordeal at a police station. Clarissa’s biological mother filed a report against Jane, claiming she was refusing to return her daughter.

Jane brought Clarissa to the police station where most of the officers were at a loss about what to do, particularly when the closeness between the girl and the Maltese woman became so clear.

Eventually, an inspector asked Clarissa to choose who she wanted to live with, in the presence of Jane and her biological mother.

Jane admits the child chose her mother but says she immediately threw a huge tantrum: “She was hitting her head and saying, ‘sorry, they’re mixing up my head!’”

Jane says she is “disgusted and disappointed” by all the authorities involved because none of them were professionals capable of dealing with the sensitivity of such a case involving children.

She also wants this story to warn people in her position who think they are doing a good deed by caring for migrant children.

“My advice is to give them back because when something like this happens no one will help out with the breaking of this bond for the child... I feel like I shouldn’t have tried to do something good.”

Meanwhile, the lawyer of Clarissa’s parents, Lara Dimitrijevic, says this story began as an “act of kindness towards a very ­vulnerable family” which has now been “abused”.

“[Jane] provided opportunities which the parents could obviously not offer their daughter,” she said, “but they never gave consent to give up custody.”

She insists that the parents kept very close contact with Clarissa, who refers to her mother as “Mummy” and also has strong bonds with her father and three siblings.

Dr Dimitrijevic said the migrant family now had a “golden opportunity” to move to Switzerland, where they have family.

“They went through due process. UNHCR conducted interviews with all the family, including [Clarissa] and never noticed any irregularity, showing she had a strong bond with the family.

“This is a one-off opportunity. If they do not take it they will lose it and the family is not prepared to leave her behind. It’s either all of them or nothing,” she said,

The lawyer insistedthe parents were acting in the child’s interests and were even prepared to stay in Malta if their child was prevented from leaving.

Meanwhile, human rights campaigner Neil Falzon (Aditus) says this situation would never have arisen if regulations on fostering and adoption were enforced.

“I don’t know why there is this idea that you can go to the open centre as if it’s a supermarket and choose a child because you want to help,” he said.

Maltese people and migrants were entering into these “ad hoc” arrangements out of goodwill but by doing so out of a legal framework neither was acting in the child’s interests, he said.

If this happened within a controlled system, everyone involved would have been given counselling and training to make sure the fosterers and parents were prepared for these eventualities.

“Had this been done within a legal framework, the whole discussion would not have arisen,” he said, warning there were “many” similar cases where laws were being “sidelined”.

* Names have been changed to protect the girl’s identity.

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Ms AMANDA O'DEA

Apr 24th 2012, 21:21

Very well said.

J Cassar

Apr 24th 2012, 16:41

Do people read the article and comments before they scroll away?

This woman isnt asking to be a lifetime mother to this child, she is asking to have more notice to prepare the child for the change that awaits her... not from one day to another...

E pace

Apr 24th 2012, 16:44

mary don't you think that was an unnecessary comment ? if jane could adopt i am sure she would have .. also this is not about jane and all the "pennys" she spent it is about the child being taken away from a privileged life that she was very comfortable in and has now all of a sudden lost everything ! as a foster mother jane did her very best and also explained to the child who her real parents were and kept in contact with them ! this is a woman to be admired and supported !

Ms AMANDA O'DEA

Apr 24th 2012, 17:39

Thank you E PACE

J. J. Borg

Apr 24th 2012, 18:21

J. Cassar: "Jane" has no legal right over the child so whether she should have been given some "notice" or not is irrelevant from a legal standpoint.

Mr Keith Cassar

Apr 25th 2012, 00:05

@JJ Borg

I suggest you read the article. Jane is not asking for notice for herself but for the child.

J Cassar

Apr 26th 2012, 09:36

Thank you K. Cassar for clarifying my point to J. J. Borg... Good to know some people here read AND understand what they are reading.

Andrew Azzopardi

Apr 24th 2012, 16:06

marica, why song you spend a few thoughts on Clarissa instead of the parents or Jane?

That might be a good start

Ms. P.M Graham

Apr 24th 2012, 16:15

2You fostered not adopted. Have you thought how the parents might feel? "

Have you read the posts by people below who actually know the situation?

Jane being selfish?

What a cruel and ill thought statement. Jane wants what is best for the child and after 5 years of being her sole carer I would suspect she knows what is best for the child and not a mother who checked in once every so many months when she felt like it.

Please read the comments below pertaining to the actual situation.

Ms AMANDA O'DEA

Apr 24th 2012, 17:36

They did not know! The real parents never said the truth about where the child lived and with whom! They pretended to be the happy family all along to get into Switzerland.

J. J. Borg

Apr 24th 2012, 14:18

The babysitter has no legal basis for claiming this child as her own. According to your logic if someone steals a baby and raise her for the first five years of her life, then the baby's parents should not get their child back because the child has no memory of them.

Marica Lewis

Apr 24th 2012, 15:41

The child has her own parents. Fostering is not adopting. Jane was kind but knew she had to let go one day, the time has now come

Ms AMANDA O'DEA

Apr 24th 2012, 17:34

J.J. Borg. Don't you dare refer to someone like Jane as a babysitter. Picture this if you have any children.... imagine how scared or rather petrified they would be if someone had to suddenly take them away from you! Clarissa was raised by Jane... she knows she is not her mother but to her she is HOME!! You cannot rip a 5 year old child from her home! She is a child! not a dog! Delicacy, time and professional assistance was required! The real parents didnt care about how Clarissa would feel. They just acted out of selfishness to get to Switzerland! FINAL!

Ms. P.M Graham

Apr 24th 2012, 16:06

John Azzopoardi how do you know that "a five yearl old will adjust fine in a move"?

From what some people are saying, who actually know the situation here I suspect that this child is only making up numbers and perhaps in this instance this child does not belong with her parents.

Having a baby and being a parent are two different things..






Ms AMANDA O'DEA

Apr 24th 2012, 17:30

Mr. Azzopardi ....the move will sadly be a total change in the child's life and I very much doubt that she will be able to adapt without suffering serious repercussions. That is why a child psychologist as well as other experts and sufficient time is needed to assess the situation properly. Please understand that this child has NEVER lived with her real parents. She only lived with the foster family and visited the parents for a maximum of 48 hours every 3 to 5 months. The situation and life style at home is also the complete opposite to what she is used to.

John Azzopoardi

Apr 25th 2012, 01:38

You know well, that most laws favor natural parents over foster ones. get real ms graham

Andrew Azzopardi

Apr 24th 2012, 13:56

Being a parent does not qualify you to complete such an assessment. That is the job of a social worker. The decision needs to be taken from the point of view of the child and not the foster cater or her birth family - which is what a sensible judge will decide.

Ms AMANDA O'DEA

Apr 24th 2012, 11:51

Are you mad ??? Did you even read half of this article ??? This child was given to my friend for 5 whole years!!! They NEVER wanted her back!! She is not trying to tear her away from her blood family! SUDDENLY! WITHIN JUST A FEW DAYS!! The parents inflicted a change on Clarissa's life! SUDDENLY they want her back because they need her to leave Malta to get to Switzerland! They will not be allowed to Switzerland without her!!! Are you understanding now??? If a mother really loves her child she will not give her away for five years and have another two in the meantime! She kept the other kids and only called to check on Clarissa once every so many months!

Ms AMANDA O'DEA

Apr 24th 2012, 11:02

Clarissa only saw her parents once every so many months. There was no real bond. Jane "built them up" so that the child would be happy to go. But every time she drove her there she made sure to remind her to pick her up! I was present on various occassions There were many times when the mother spent months without calling her. Only a few months ago Clarissa was very sick with 105 temperature for days on end. Who do you think cared for her ??? Jane! I am angry at the system! They should not be allowed to pack up, leave and drag Clarissa with them. Her whole life is here!

Ms AMANDA O'DEA

Apr 24th 2012, 10:04

M. Cassar at a very tender age, the child gave Jane a nickname that stood for hanini. Jane never wanted to "take possession" over the child. But as she has been doing for the past 5 years... she simply wants the child's happiness and rights to come first. She is not thinking about herself but about Clarissa!!

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