A 33-year old has claimed Family Minister Michael Falzon denied her custody of her two children without following proper procedure. 

In a constitutional application filed against the Minister and Attorney General, the woman is alleging that her right to a fair hearing was jeopardised by the minister's failure to follow proper procedure. 

The case originated in June when the woman's kids, aged 3 and 5, were removed from the family home under a care order issued under ministerial authority.

A juvenile court turned down objections against the care order on August 10, with the court also rejecting the mother's claims that her right to a fair hearing had been violated.

The woman is arguing that according to law, the minister must grant parents the “opportunity to express their views” before authorising a care order.

Although the woman did explain herself to an official, according to law this quasi-judicial function must be formally delegated - something which her lawyers have claimed did not happen in this case. 

Her lawyers have said that the procedural shortcoming was “of sufficient gravity” as to impinge upon the mother's right to a fair hearing as safeguarded under the Constitution and the EU Convention on Fundamental Rights and Freedoms.

Lawyers Charlon Gouder, David Camilleri and Joseph Gatt signed the application.