Issue link: https://maltatoday.uberflip.com/i/1446843
14 maltatoday | SUNDAY • 30 JANUARY 2022 OPINION DR Ivan Sammut, Deputy Dean of the Faculty of Law, University of Malta, strongly believes that the Family Court needs urgent investment and updating to continue serving the needs of Maltese people. Many parents in Malta stop living together for various rea- sons, and many times they have to resort to the Courts. The two most common issues that arise concern maintenance and access to children. It results, judging from the various ex- periences of Maltese citizens or residents, that the Maltese state is not equipped enough to deal with this type of issue, whose very nature can create bitter disputes. Let us take as an example a case in the field of parental al- ienation, where a parent denies the other parent access to their children for no valid reason. Lawyers involved in cases that concern children behave as if they are dealing with the cases that involve the evaluation of property. Happy Parenting - Malta (For Happier Children) – HPM4HC – is proposing the setting up of an authority or agency whose brief will be to examine such cases and to determine wheth- er maintenance should be giv- en and if so, how much. It will also determine whether shared parenting is feasible and if not, the modality of the access to minors that should be given. Then, of course, one will be able to apply for any re- quired changes, while there will be constant supervision by the Family Court on issues of rights or facts once certain conditions are met. To understand this concept more clearly, one can draw a comparison with the Planning Authority. This entity has all the re- sources required to execute a planning policy: it has tech- nical experts in the field. It is more accessible to the public and operates under the super- vision of the Courts whenever this is required. In the same way that this authority has building architects, family 'ar- chitects' should run this pro- posed entity. This idea has not been invented by the HPM4HC but is based on the situation abroad including in the United Kingdom. Proposals that can be imple- mented immediately Since the above proposal is somewhat ambitious and, apart from a new legal framework, it requires considerable training, HPM4HC is making further proposals, some of which can be immediately implemented. 1. An improved notification system in the Family Court It is necessary to strengthen and improve how the Fami- ly Court issues notifications. There should be wider use of electronic media to deliver no- tifications efficiently. 2. A reform in the composition of the Family Court One should consider strengthening the Family Court, and this Court should be presided over by a judge and two family experts such as a psychologist and a therapist. This should apply to decrees, in camera, sittings and final sentences. The judge would focus on le- gal issues while the rest take place as a formation. It would be a good idea to establish a Board made up of two psy- chologists (specializing in chil- dren and parental alienation) and a lawyer. This Board would study cas- es such as those of separation, where minor children are in- volved before they move on to litigation in Court, and within three months make recom- mendations on the type of co-parenting that would be suitable. Where this is not pos- sible, appropriate access and maintenance would be estab- lished according to each case in question. This could take place in an out-of-court process that would enable the parents to reach an agreement. 3. The strengthening of the Child Protection Services to enable them to intervene in the Courts Knowledge and experience in the field of children are found in the officers working for this directorate, which was cre- ated for this purpose. Not all lawyers or judges would have studied and specialized in chil- dren. As a result, the need for Child Protection arises. 4.The enactment of a law fo- cusing on the interests of chil- dren that recognizes in clear terms the existence of paren- tal alienation The concept of parental al- ienation should be recognized in civil and criminal law, as is happening in various European countries and globally. Thanks to Civil Law, adapted to cases arising in contemporary socie- ty, applicable measures can be taken so that children are not cut off completely from the harassed parent. A serious and comprehensive study of a case, and its various elements, may enable the designation of suita- ble access to the two parents as deemed appropriate and most conducive to the welfare of the children. 5. A reform in the Criminal Code Article 338 LL on access to children and Article 338.Z on maintenance Reforms should ensure that legal depositions conform to the European Human Rights Convention. For example, re- stricted access should be com- pensated by quality time with children. Regarding maintenance, this should make sense to all the parties involved in the case. Detention or clear imprison- ment should be removed, both from access as well as from maintenance, to prevent these from being used as instru- ments of litigation instead of as a solution. Mary Gauci We need an agency that handles children in family separations