N.Irish mother seeks custody of her son in Malta
A woman from Northern Ireland has come to Malta to try and overturn a court order issued in Belfast that her 10-year-old son must live with his Maltese father, the Belfast Telegraph has reported.
The father was given custody to his son by a High Court in Northern Ireland. The mother is now hoping to persuade the Maltese authorities to grant joint custody.
In granting the father custody, the judge had held that although the boy spoke of wanting to remain in Northern Ireland, his views were influenced by having spent the last three months living with his mother. The judge warned of the potential consequences of a boy having to choose between “warring parents”.
The couple lived in Northern Ireland for five years before settling in Malta in 1996.
They split up a year after their son was born in 2002. The boy continued to live in Malta with his mother until May 2011 when an alleged drunken incident led to him being placed into his father's care.
He went to Northern Ireland in July of this year for a one-month summer holiday with his mother.
But when he was not returned to Malta, proceedings were triggered under the Hague Convention.
The boy's mother argued that her son objected to being returned and was old enough for his views to be taken into account.
The child said he liked living in Malta but had not enjoyed living with his father's girlfriend. At one stage he started crying and spoke of not wanting to go back to Malta as he would miss his mother.
However, Mr Justice Gillen detailed a series of undertakings by the boy's father, including paying for flight tickets for the mother and son's return.
Mr Justice Gillen also took into account how the boy said he liked living with his dad and said he did not consider the child's asserted objection sufficient to dissuade him from ordering a return.
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anthony dowling
Jan 16th, 00:46
I FIRMLY BELIEV THAT THE MOTHER AND FATHER SHOULD GIVE THE OPPORTUNITY TO THE SON IF HE IS OVER 12 YEARS OLD,AS THAT AGE IS ENOUGH FOR A BOY TO DETRERMINE WITH WHOM HE DESIRES TO BE,AN THE COURTS SHOULD OBLIGINLY RESPECT THE BOYS REQUEST AS PER THE INTERNATIONAL LAW,IF NOT THEN I DONT KNOW WHAT KIND OF JUSTICE THE COURT RUNS.AMEN
john grech
Jan 16th, 11:25
In Malta, its not about justice I'm afraid, Mr Dowling. Its about expediency and keeping lawyers in work.
Peter Murray
Jan 15th, 14:41
Must be more to this than meets the eye regarding the mother's behaviour and her suitability to take care of the child !As UK judges are highly reluctant to award custody-especially sole custody- of any child/children to the father .What was this "alleged drunken incident" all about?
john grech
Jan 16th, 11:31
I understand that under new guidelines introduced last year, UK judges now award joint CARE and custody unless there is serious reason to attribute children to a single parent. There must have been a significant reason for the mother to be excluded... perhaps alcoholism, perhaps the child's habitual residence... it would have to be fairly major as the inherent bias has been towards mothers anyway.
john grech
Jan 15th, 13:18
I also agree with Peter Murray about dinosaur ideas... however, it is more often the case in Malta that fathers are excluded from having real relationships with their children, not mothers. This prejudicial preference to give mothers full care for children is also from a Dinosaur age.
Peter Murray
Jan 15th, 18:31
So perhaps you may provide some meaningful insight as to why the Judge in the UK bucked this prejudcial and dinosaur trend and awarded sole custody to the father in this case. sir?
john grech
Jan 15th, 13:15
Also, children do have a right to have their voices heard and their wishes respected. But in order to do that, you need properly trained and experienced child counsellors who can adequately assess that and advise the Court. However, Maltese Law does not recognise children under the age of 14 years as being capable of making a decision. In both respects, Malta is out of step with best practice.
john grech
Jan 15th, 13:11
Another issue is where was the child's habitual residence. It is also generally acknowledged that children have a right to continue living in the places where they lived before separation or family breakdown. This is another area where Maltese courts have a patchy record inspite of International Legal obligations under the Hague convention.
john grech
Jan 15th, 13:10
If Maltese courts stay true to form, there is every chance the mother will win in Malta. However, it is generally recognised in more enlightened jurisdictions in the world that children need both parents and hold therefore be actively brought up by both. In Malta the general rule is that children live with the mother. Father gets visiting rights. Very outmoded.
Michael Camileri
Jan 15th, 12:50
Taking son from a father is one thing... but a mother? :( sad times
john grech
Jan 16th, 11:24
actually empirical evidence shows that children suffer severe damage whenever they are removed from either mother or father... the damage created by a missing father differs depending on particular circumstances but some of the facts are :
increased incidence of drug and alcohol abuse
lower performances in schools/higher unemployment
7 times incidence of teenage pregnancies in girls ...
and more
Peter Murray
Jan 15th, 10:49
It these sad circumstances the only person whose views should be given credence too(if considered old enough) is the child or children involved.If possibe to reach a mutual understanding -it is only with a balanced upbringing and the love ,attention and involvement of BOTH RESPONSIBLE parents that the child should share.As for Mr.A.T.Buttigieg;s "best chance"views these belong in dinosaur days
Andrew Terry Buttigieg
Jan 15th, 10:27
A boy has the best chance of learning to be man, take responsibility and be mature under his father.
Andrew Agius
Jan 15th, 10:51
What a ridiculous statement. You seem to have Mommy issues Andrew. Any child needs both parents and so joint custody should be given wherever possible. The child obviously needs to learn of both of his cultures in order to be well rounded.
S. Schembri
Jan 15th, 10:54
A boy needs his mother aswell, he can learn responsibility & to be mature under his mother as being under his father
Lisa Caruana
Jan 15th, 10:54
Best Chance? What about all those single mothers raising their kids alone, will they not be mature and responsible in the long run? please! this is 2013!
Michael Camileri
Jan 15th, 12:51
Andrew, a Maltese man? the majority here dont know how to survive without their mothers or wives!
William Spencer
Jan 15th, 16:05
What a silly comment !
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