A father's bid to stop the estranged mother of his minor son from travelling to England with the boy over the Christmas holidays, was rejected by a constitutional court by means of a decree delivered in chambers.

The man had filed an application against the mother and several local authorities claiming that a Family Court decree delivered in November granting the son's mother permission to take the boy abroad, violated his fundamental rights against inhuman and degrading treatment, discrimination and the right to claim protection of the law.

The civil court in its constitutional jurisdiction, presided by Mr Justice Joseph R Micallef, stated that the law granted the court discretionary powers in constitutional matters so as to provide a solution that it deems most suited in the best interests of justice.

The court observed that the father's application stemmed from his fear that the mother would not return to Malta with the child. The man had argued that he had not been given detailed information about the planned holiday, having been told merely that mother and son were to spend eight days in England between December 29 and January 5.

Moreover, the father had argued that should his fear materialize, he would have to undertake costly legal proceedings in the U.K. to bring his son back home.

In this particular case, the court noted that the Family Court had, while granting the mother permission to go on holiday with her son, bound her under strict obligations to ensure that the woman would observe the conditions under which the permission was granted. The Family Court had also provided adequate compensation for the father so as to make up for the time during which he would be deprived of his son's company.

The court observed that the father's interests were sufficiently safeguarded by the Family Court.It was noted that in such circumstances, the applicant requesting an interim remedy must prove an apparent breach of one's rights. Moreover, it had to be proved that the interim measure was necessary to avoid imminent and irreversible damage being caused to the applicant.

Since these conditions had not been sufficiently proved by the applicant, the court concluded that the father's request to stop his minor son from going on a Christmas holiday with his mother in England was not to be upheld.

Lawyer Emmy Bezzina signed the application.