The family at the heart of Maltese society | Alison Zerafa Civelli

The family is the beating heart of society and the place where values are entrenched. By taking the lessons of yesteryear we can find better solutions for today and tomorrow that offer not only protection, but also better health and security.

Whatever changes we implement, we need to keep the focus on our children. We need to offer families a balanced life. The parents’ role is crucial, which is why sensitive cases in the Family Court, involving issues of domestic violence, separation, custody and child maintenance, must be treated within a serious, practical, and effective legal cluster that offers a fair and impartial treatment to all parties involved.

Wide consultation has led to recommendations intended to address problems that arise in these sensitive processes. The recommendations outlined in bill currently before parliament, make a practical difference in everyday life. We are committed to giving parents peace of mind in the provision of a better life for their children.

The systematic collection of various laws into one code is intended to provide more efficient legislative processes. Legislative and administrative changes will go a long way towards addressing undue delays or time-wasting tactics by all parties concerned. There will also be a strict definition of each parent’s responsibility towards each other and their children.

It is imperative to eliminate, once and for all, the incidence of children having to carry the emotional burden of their parents’ separation. This will be realised with the strengthening of the children’s legal representative role. Mediators will also help ascertain balance and proportionality by guiding all parties towards agreement on various issues that are not necessarily legal in nature.

These changes will mean children will have a stronger voice in court without impinging on the court’s impartiality. The children’s legal representative will have access to all parties involved in the case, enabling them to have a clearer picture of the family and be in a better position to assist the court on issues such as custody, access, home, therapy, and protective measures.

Independent professionals will evaluate the therapeutic needs of the children and all parties. If constant therapeutic intervention is needed, the new law will allow support persons to participate in the process.

Crucially, the new law introduces the principle of co-parenting while taking into consideration the ability or otherwise of either parent in raising their children. Access to children has to be linked with balanced responsibilities and a smooth mechanism of cooperation between the two sides. The law will also contemplate sanctions, particularly in the case of sustained breaches of the court’s decrees. This can also lead to a suspension of any access arrangement.

The co-parenting principle will remain central to decisions concerning the education, health, and activities of the children during the mediation process. No form of intentional manipulation will be tolerated. Parental alienation is a problem that can have an emotional impact on children. The court will be empowered to appoint a legal representative and support persons to provide emotional and psychological support to affected children.

The proposed changes also address the payment of alimony, making sure it is used for its intended purpose. With the children’s wellbeing in mind, clear and transparent regulations will help establish the allocation of alimony without the children being dragged into unnecessary arguments.

This reform has long been felt. It delivers an autonomous Family Court with all the specialised tools and resources required to discharge its duties.

The implementation of this reform is yet another Labour government pledge being realised. Only in this way can justice be delivered efficiently without the uncertainties these delicate situations often create.

Alison Zerafa Civelli is Parliamentary Secretary for Local Councils