When Jane’s* former husband was late in paying children’s maintenance he would give her a backdated cheque so she could not prove in court that he had not paid on time.

To avoid this, she asked the court to change the method of payment to a direct bank transfer but her request was turned down and no reason was given.

“It doesn’t make sense. If the court is going to refuse something that is important to me and looks so simple, at least it should have the decency to tell me why,” Jane said, listing a string of frustrations that built up over the years as she went through separation proceedings in court.

The mother of two teenagers has made it her mission to bring these shortcomings to the surface and make them visible. She is aware that, over the years, many of the problems she mentions were raised by others.

Tired of reading these stories in the media without seeing results, she now wants to bring them to the attention of the Commission for the Administration of Justice.

I am not even able to explain how dreadful it is. It’s a mental nightmare

“The situation is ridiculous. Something must be done. I hope that things will change soon for the benefit of all the people out there who are suffering,” she said.

Jane has been separated for about five years. After a difficult marriage, during which she suffered psychological abuse, she finally plucked up the courage to put an end to her domestic hell and file for separation.

But, apart from the heartache and problems that came with her situation, she also had to deal with the inefficiencies of the Family Court system. The system as it stands means that if a spouse has financial problems s/he cannot have access to justice. Luckily, she works and can afford to pay for the countless court applications she is forced to file whenever her husband fails to pay maintenance, to mention one example.

Each time it costs her about €150 in court and legal fees, which means that an unemployed woman would be unable to fight for her rights in court.

Besides, there were times when she had to pay an extra charge for her case to be dealt with quickly, even if this did not happen.

“It’s a waste of time and money. I am even able to explain how dreadful it is. It’s a mental nightmare,” she says.

Then, there are other problems. The courts do not give enough weight to what children want. Judging by her experience and that of others in her situation, Jane says, the courts are biased towards granting custody to the woman and there are times when cases are put off without informing the parties.

She would like to convey to the commission the views of other people in her situation, which is why she is urging them to contact her. Those interested can send an e-mail on ccalleja@timesofmalta.com that will be forwarded to her.

* The woman’s e-mail address, as well as her real name, cannot be published to protect her identity.

The official perspective

Judges and magistrates should give a reason to back a decision even if this is a one-liner, according to Parliamentary Secretary Owen Bonnici.

Faced with Jane’s frustrations about the court not explaining decisions, he says: “I hear this a lot and she’s right. We have to find a balance between giving a speedy decision and explaining the reason.”

Mediator coordinator Katya Vassallo feels that one of the main problems plaguing the Family Court is the heavy workload compared to the staff complement, while the building does not allow for expansion.

In fact, Dr Bonnici says, he plans to create space by purchasing property close to the courts.

Speaking about urgent cases, Dr Vassallo notes that lawyers often ask for cases to be heard urgently, so judges have to use their discretion.

Speaking about costs, mediator Godwin Genovese notes that mediation is free and there is the option of legal aid for those who cannot afford a lawyer.

Dr Bonnici admits he is not happy with the legal aid system in place, adding that this is being addressed through the justice reform that tackles various aspects listed by Jane.

He plans to set guidelines for people facing separation proceedings that will include information about maintenance, legal jargon and case tariffs.

He disagrees, as do Mr Genovese and Dr Vassallo, that the courts are biased towards women when it comes to granting the custody of children.