A French man yesterday accused the Maltese courts of breaching his human rights and failing to follow the Hague Convention in separation proceedings and a custody battle over his two children.

He claimed the Malta authorities didn’t adhere to the Hague Convention

Etienne Merlevede, the father of five-year-old twins Gabriel and Chloe, claimed his estranged wife Lara Borg St John illegally took them from France in August 2008.

He opened proceedings against her for the children’s return but the Maltese authorities did not adhere to the six-week time limit for proceedings under the Hague Convention on child abduction, letting the case drag on for almost a year.

Contrary to procedural fairness and justice, the judge who heard the abduction case also heard their separation case, Mr Merlevede said.

He made the allegations in a constitutional application asking the courts to declare his human rights had been breached and for some €360,000 in damages.

Through another Family Court case, Ms Borg St John managed to secure a four-week jail term against him for not paying child maintenance, meaning he could not come to Malta for fear of being jailed.

The civil court also decided against him and ordered the children stay with their mother. This decision was flawed at a fundamental level, Mr Merlevede said.

He added the separation proceedings should not have been decided before the abduction issue as there would have been a huge difference if the Maltese courts followed the Hague Convention.

Mr Merlevede said one child was autistic and despite the best care available being in France, his wife was putting her own interests first.

He asked the Constitutional Court to declare his human rights had been breached because of the exaggerated time it took for the case to conclude.

Mr Merlevede also requested €60,000 in compensation from his wife and a further €300,000 from the Maltese authorities.