Remarriage is expected to pose problems in the case of clauses in separation contracts that prevent visitation rights in the presence of third parties, according to an experienced children’s lawyer.

Tatiane Scicluna Cassar said the clause was often introduced in the case of young children, who barely accepted the separation let alone a third party to replace a parent and enter their lives.

In the case of divorce, it would be harder to have the clause because the parents could remarry and it would be impossible to prevent sleepovers, for example, she said, envisaging more tension if the partner was not accepted by the children.

Even 16-year-olds could reject the partners, but some parents adopted the attitude that it was their life, they could do what they wanted and their children had to accept it, irrespective of what they felt, Dr Scicluna Cassar said, referring to the importance of the healing process.

But Family lawyer Deborah Schembri, who headed the campaign for the introduction of divorce, did not agree, saying the clause that prevented access to children in the presence of third parties was practically “obsolete” and that there were hardly any repercussions if it was broken.

Dr Scicluna Cassar, on the other hand, claimed that this could be used to remove joint custody or reduce access rights.

The issue of third parties was raised in a public debate at the university on Divorce Legislation – The Way Forward, organised by family law lecturer Ruth Farrugia, in collaboration with the Law Students’ Society, following the introduction of the legislation on October 1.

Research by the Centre for Family Studies on Confiding Relationships Between Adolescent Children and their Parents, which is soon to be launched, shows children seem to begrudge the time their separated parents spend with their partners and would rather have more one-to-one time, Dr Farrugia said.

Since divorce legislation came into force, 31 applications have been filed and one case of mediation requested, said head of family court registry, Carmen Borg. A university course to train about 10 mediators was underway, she said.

Peering into the crystal ball to predict the divorce situation in a year’s time, she expected stability and clearer procedures at the Family Court.

Dr Schembri predicted a “wave” of divorce applications, particularly from those whose annulment was not accepted, while Dr Scicluna Cassar envisaged that children would be affected by remarriage and problems would arise.

Labour MP Owen Bonnici called for talks on how to strengthen the family now that the divorce law was introduced, saying the subject should not have fallen by the wayside once the political games were over.