Happy Parenting Malta (for Happier Children) has said in a statement that recently, Minister Falzon spoke about various family aspects including the reality of Parental Alienation which, as in other countries around the world, is also present in Malta.

The NGO explained that Parental Alienation refers to when a parent turns their children against the other parent to unjustly keep them away from that parent, sometimes even in a permanent way. “Our NGO is working hard in the field of prevention and care regarding Parental Alienation.”

“Our NGO believes that there is much to be done from a legal aspect and is offering various points of discussion regarding amendments to the law and improvements to the procedure of the Family Court; proposals which were prepared by Dr Ivan Sammut, Deputy Dean, Faculty of Laws, who is a Consultant of the same NGO Happy Parenting Malta for Happier Children.

In the past days, the NGO said that meetings have been taking place to raise greater awareness regarding Parental Alienation. Among others, they visited Minister Edward Zammit Lewis and CEO FSWS Alfred Grixti who both were aware of the presence of Parental Alienation cases in Malta, the NGO said.

“They appreciated the hard work our NGO is doing as regards awareness we are raising and the support we offer to victims suffering from Parental Alienation.”

Apart from collaboration with local organisations involved in Social Protection, Happy Parenting – Malta (for Happier Children) said that it is maintaining contact with European and international organisations such as PAS Parental Alienation Study Group, EAPAP European Association Parental Alienation for Practitioners, Parental Alienation Europe PAE, and Parental Alienation Awareness International Network. PAAIN, CFI Children and Families International which is registered within the United Nations.

The proposals for discussion are gathered into three groups of three,” the NGO said.

1 of 3 Proposals for amendments to family law vis-à-vis children

A new law should be promulgated to deal specifically with the interests of children and which clearly recognises the existence of Parental Alienation.

The concept of parental Alienation (now recognised by the WHO) as is happening in various European countries and around the world, should be recognised by civil and criminal legislation.

Through civil law, applicable measures may be taken for children to be reunited with the alienated parent. Under criminal law parental alienation as an example of domestic violence and abuse of minors, with the penalties to be applicable upon the alienating parent, once the prosecution proves, utilising established experts, that there is an element of parental Alienation and that the children have not been in contact with the other parent for more than three months.

Reform of the Criminal Code in Article 338 LL regarding access to children and Article 338 Z regarding maintenance. The reform must take place so that these legal provisions are indeed in conformity with the European Convention on Human Rights.

For example, in the case of lack of access, what is essential is that there is compensation of quality time with the children. In the case of maintenance, what is important is that there is information which makes sense for the whole family. Detention should be removed both for access as well as for maintenance.

There should be recognition by the law of children who, as a general position, should have equal upbringing. Although the current law does not exclude this, there is the need for legislative intervention to change the ultra-conservative mentality of the judiciary and the legal profession and to be updated to the twenty-first century. In the case of a contentious separation, the rule should be that the care, custody and upbringing should automatically be joint, without automatic maintenance and with the costs for healthcare and education to be shared between the parents in an equal manner. It is up to a parent to request for this to be changed.

After hearing the valid reasons therefor and following the drafting of an experts’ report, the Court may vary the custody agreement and thus establish maintenance according to the means and wishes of the family as the case may be.

This means that unless there is a valid reason, established following analysis, as to why this should not be the case, children spend 50% of their time with each parent and each parent is financially responsible for the children during that period. In the case of a 50/50 custody arrangement, no maintenance is required.

Thus, equality is achieved between the parents, since at the moment the Court is generally granting custody automatically to the mother and ordering the father to pay maintenance.

2 of 3 Proposals for amendments to the procedure regarding family law vis-à-vis children

A Board made up of two psychologists (with specialisation in Children and Parental Alienation), and an advocate should be constituted, so that in a case such as that of separation involving minor children, before passing on to litigation in Court, this Board may study the case within three months and make recommendations as to how co-parenting should be carried out.

In cases where this is not possible, there should be established decent access and maintenance as the case may be. This idea may be developed by means of out-of-court proceedings which may help the parents find a balance between them. A model like this already exists, for example, in some instances of drug possession.

The Family Court should be strengthened and presided by one judge and two-family experts such as a psychologist and a therapist. This should be done for decrees, in-camera, for sittings and final judgements. The judge should ensure that legal affairs and the rest take place as a formation.

How service of the Family Court is made should be strengthened and improved, and more use of electronic means should be made so that service is made seriously and does not end up being a game between the parties.

The collection of evidence should not be done by advocates who practise and appear before the Court, but there should be officials who are engaged directly by the Court to answer directly to the Court. Part-time judicial assistants may leave room for a conflict of interest and undue familiarity with the judiciary to appoint them.

3 of 3 Proposals for improvements in the administration of family proceedings

The Court should have an experts’ list: doctors, psychologists, psychiatrists, experts on parental Alienation, social workers, and approved therapists.

The judiciary and legal profession (judges, mediators and advocates) should be trained professionally to not adjudicate based on stereotypical ideas that only the woman takes care of the children. They should be trained regarding parental Alienation.

Judges and advocates should be trained on how a change of residence may be made in cases of Parental Alienation, and the possibility of a change of residence should be provided for at law. (Experts on parental Alienation from various countries around the world, like Dr Amy Baker, Dr William Bernet, Dr Steven Miller, Karen and Nick Woodall, Dr Linda Gottlieb, Dr Richard Warshak, Dr Michael J Bone, Dr Jennifer Jill Harman, Brian O Sullivan, usually recommend no less than 90 days during which children are kept away from the alienating parent.

The NGO went on to say that there are three other points worth considering;

There should be better facilities in Court where there are minors, for example, the Family Court should have a different format from the ordinary Court, and ideally in a separate block. When children are heard, there should be transparency, and the parents should also be heard.

There is the need for a section in the Police Corps specialised in matters regarding access, maintenance, parental Alienation as domestic violence, which offers assistance to the public and the district stations.

The police should not issue charges based on complaints but should do so following an intensive investigation. The issue of ex-officio charges should be revised. This includes that nobody should be removed from his house on mere allegations and without assessment or investigation. And if this needs to be done, proceedings should be carried out in a short-time within days and not months or years.

The process for the recognition of a natural parent utilising DNA should be sped up. A parent should be entitled to apply for a DNA test to take place upon the birth.

Anthony Cauchi, who is the founder of Happy Parenting Malta for Happier Children also runs the support group for victims of Parental Alienation (targeted parents) which meets every Sunday, at the Mosta Local Council Hall between 7.30pm and pm in the presence of legal and social professionals.

Parents from various parts of Malta and Gozo attend this support group. One may also join, follow and participate via Zoom.

Anyone wishing to comment, discuss or contact Happy Parenting Malta for Happier Children, may access the Facebook page with the same name or send an email to happyparentingmalta@gmail.com

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