With public health authorities urging people to quarantine in their homes and courts having closed down with only urgent matters being heard, families may have difficulty scheduling a hearing before a Judge. Anxious parents who share custody of their children are faced with an unprecedented challenge in the midst of a pandemic and may be contemplating keeping their child away from the other parent, in violation of a shared custody agreement – but wondering how courts will react.
Several parents who share custody are asking on how they should work out access agreements with their former partners in the light of the current health emergency. One parent may be concerned whether the other parent is taking proper precautions to protect their children from the virus. However other concerns may include that of one parent may have an increased risk of exposure because they are still going to work, or if there are elderly or other members of the family with underlying medical conditions at a higher risk living in the same household.
Should existing parenting arrangements and schedules continue making sure that both parents are taking the necessary precautions to ensure they are adhering to public health guidelines, such as physical distancing?
On a local newspaper a spokesman for the Family Ministry said that access to children must go on as usual and child maintenance must be paid despite the current coronavirus situation.
”Access to children must go on as usual and child maintenance must be paid despite the current coronavirus situation.’’
The law states that if a person is ordered by a court, or bound by a contract to allow access to a child in his or her custody, he/she may be guilty for an offence if one refuses to give access without a ‘just cause’. There is no rule of what constitutes just cause, and this is entirely in the court’s discretion. However, failing to give access due to medical reasons has always been interpreted as a ‘just cause’.
Problems may arise if one parent suspects that the other is not taking enough protective measures. It is really important that parents come up with solutions during this period. This notwithstanding, not all parents will be happy with a modified arrangement such as having to forgo their time with the child.
Child maintenance and arrangements during COVID-19
Many people will have a concern about finances during this difficult period. One will still have a duty to support one another financially. One common question that might arise during the pandemic is:
‘’What happens if I suffer financially and can no longer continue with payments’’
Child maintenance is regulated by the criminal code and it makes it clear that if you are bound to provide maintenance by a court decree, or by a contract and fail to do so you may be guilty of an offence. Therefore, if your income has been unexpectedly reduced or you have become redundant, one cannot stop paying, but needs to file an application in court or initiate civil proceeding to revise the respective contract.
Coronavirus: Access with supervision to children suspended
Earlier in March, The Family Court presided by Mr. Justice Anthony G. Vella upheld a request by the Family and Children’s Rights Ministry for the immediate suspension of access carried out under supervision to children. This applies to both in respect of children who are the subject of a care order as well as to those cases were the right to access to one’s children can only be exercised under supervision.
The request was made in connection with the national precautions aimed to avoiding the spread of covid-19 which measure was introduced to safeguard the best interest of the children, FSWS workers and their relatives.
It is more important than ever that couples deal with matters cooperatively and whilst family lawyers can assist in these circumstances, one has to keep in mind that the Family Court registry in Malta is currently closed. In fact, our Courts are only dealing with urgent matters and only in rare cases would an application for immediate financial support be regarded as an emergency. This is why communication and cooperation are now more important than ever.
Should you require any further information or assistance on the matter, please do not hesitate to reach out to Dr Roberta Bonello personally on [email protected]
Disclaimer: The information provided does not, and is not intended to, constitute legal advice. All content available is for general informational purposes only. This may also not constitute the most updated information and you are always advised to seek legal advice.
