Updated 2.10 p.m.

A five-year-old migrant girl from Eritrea is on her way to Switzerland with her biological parents following a legal battle between the family and the Maltese carer.

Madame Justice Abigail Lofaro ruled late this morning that the girl should leave with her parents and three siblings. A request by her carer to keep the girl for a transitional period was rejected. 

The girl looked happy as she played with her siblings while they waited to board an aircraft along with 18 other migrants who are starting a new life abroad. They were seen off by Parliamentary Assistant Beppe Fenech Adami and officials of the International Organisation for Migration.

Her parents would not comment other than to say they were very happy.

After hearing the last evidence in the case morning, Justice Lofaro looked emotional as she prepared her decision.  She said that the decision she was being asked to make was like a knife which would draw blood however it was  handled.

The testimony was given by a psychologist who said that while the child was not traumatised by what was going on, she was confused. He recommended that the girl should be sent to Switzerland with her biological parents but the Maltese authorities should follow her up with the Swiss authorities to help her in her transition.

A lawyer for the Maltese woman said there was no opposition to the child going to Switzerland with her biological parents, but a proper transition was being requested, in the best interests of the child.

The judge later decided in favour of the biological parents, allowing the girl to go to Switzerland.

The case has cast a spotlight on the fact that several migrant children have been handed over to Maltese without undergoing formal fostering procedures.

But while the government agency in charge of migrant centres says this does not reflect the “current” situation, the Children’s Commissioner has called for all stakeholders to get together to analyse the problem.

In this case, a Maltese woman’s offer to babysit the girl ended up becoming a full-time job.

The girl has established a comfortable life in Malta with close ties to the woman’s family network.

She is also enrolled in a private school and attends various extracurricular activities including ballet and gymnastics.

The woman has asked the court to postpone the girl’s departure until her interests could be properly addressed and she could be prepared for the traumatic move abroad.

The lawyer of the girl’s Eritrean parents says this story began as an “act of kindness towards a very vulnerable family” which has now been “abused” and that the Maltese woman refused to give the child back to her biological parents, prompting them to involve the police.

“This is a one-off opportunity. If they do not take it they will lose it and the family is not prepared to leave her behind.

“It’s either all of them or nothing,” their lawyer told The Times.

Meanwhile, the Agency for the Welfare of Asylum Seekers yesterday issued a statement saying the story did not represent the “current reality” in open centres.

The impression is that resident children are not being adequately protected, it said.

Although it was parents and guardians who were primarily responsible for the care and custody of their children, open centres operated a zero tolerance approach to any signs of abuse by service users, who were regularly informed that fostering and adoption legislation had to be scrupulously followed, director Alex Tortell said.

“Staff look into cases where children may appear to be not living any longer with their known parents or guardians and report appropriately for immediate action to be taken,” he added.

Open centres have also taken a “strict approach” to visitors entering the premises and security has been stepped up to ensure volunteers who come into contact with minors are screened.

“Ironically, we have not been spared criticism for taking these measures,” he said.

He also pointed out that, since many migrant families lived outside open centres, it was up to everyone to respect the law and do nothing to harm the best interests of any minor.

Meanwhile, Children’s Commissioner Helen D’Amato said Malta had a system of fostering which worked and should be used.

She recommended that all stakeholders meet and discuss informal fostering and seek ways to empower people to make use of formal procedures.

This, she said, would involve proper training for parents and fosterers.

“I have some things in mind but I want this case to be settled first because I do not want to confuse issues,” she said, careful not to judge either party in the legal battle.

Ms D’Amato welcomed the court’s decision to allow the girl to speak to a psychologist, adding this was the appropriate channel for a child of this level of maturity.