A man who twice divorced his wife has been granted sole custody of a daughter born to a surrogate mother but registered in the wife's name. 

A court heard how the man and his wife had married abroad and had two children. They divorced after 30 years, but after some years reconciled and decided to have another baby.

Since the wife could not have another baby, they signed an agreement with a surrogate mother who, on the birth of the baby girl (abroad), renounced all rights over her.

The baby girl's parents were therefore registered as being the man, who was the biological father, and his wife.

Some months later the marriage again broke down and the man moved to Malta with his daughter.

The court heard how his wife only saw the girl sporadically and did not ask about her for many months. More recently she told her estranged husband that she was involved with another man and told him not to contact her. She also appeared to have changed her phone number. 

The court also heard that the girl was very happy in Malta.

In handing down judgement, Mr Justice Robert Mangion said the overriding principle was the proper care of the child with the parent who was most suitable for her.

There was no doubt that the man, who was also the natural father, had always being the primary carer. The young girl had always lived with him and was happy with him in Malta.

It was therefore in the child's interest that he be granted exclusive custody.

The estranged wife did not attend the court proceedings in Malta.

(Some details of the case are not being published to safeguard the child's identity.)