Court weak on custody battles, says new judge

Newly appointed Madam Justice Lorraine Schembri Orland yesterday called for a balance to be struck between the need for truth and the necessity to protect minors during court proceedings.

The need for children to have their voices heard had to be balanced against the negative impact that their involvement in procedures at the Family Court could potentially have on them, Madam Justice Schembri Orland, 53, said, during her first sitting.

Madam Justice Schembri Orland said that, despite everyone’s best efforts, she felt the court was weak when it came to custody battles, often creating an irreparable distance between children and one of the parents.

Professionals should work hand-in-hand for all parties to understand that a child’s healthy development hinges on good relations with both parents.

This was a fundamental right not just for the parents but also for children, she said.

Madam Justice Schembri Orland was addressing friends, relatives and colleagues, including Chief Justice Silvio Camilleri and Auxiliary Bishop Charles Scicluna, in the largest courtroom.

Wearing the toga of her late father-in-law (Mr Justice George Schembri), Madam Justice Schembri said she hoped she could emulate his work, pointing out he did everything in a practical manner, with humour and respect towards his colleagues, lawyers and the people who appeared in front of him.

Madam Justice Schembri Orland graduated as a lawyer in 1981 and specialised in European law and family law.

She was involved in reforms to the Constitution and was a member of a consultative committee that advised the Cabinet on amendments to the Civil Code.

Heavily involved in drawing up legislation on domestic violence, she was the first woman elected to the committee of the Chamber of Advocates.

She served as president of the National Council of Women, was a member of the consultative council on bioethics and also sat on the Caritas Malta management board for San Blas Rehabilitation Centre.

Speaking at the same ceremony, Chamber of Advocates president Reuben Balzan commented positively on the decision to launch an appointment system for cases but expressed disappointment that not everyone was interested in following this system and appealed for a genuine effort.

Madam Justice Lorraine Schembri Orland held her inaugural sitting yesterday. Photo: Jason Borg