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Malta / Civil Court / 200/2019

AB ET vs EB ET (Names undisclosed)

Deciding Body type:
National Court/Tribunal
Deciding Body:
Civil Court (Family Section)
Type:
Decision
Decision date:
28/01/2020
ECLI:
ECLI:MT:FMLJ:2020:120286
Key facts of the case:

The case was brought by a pair of grandparents residing in Italy, who had good relations with their grandchild prior to them relocating to Malta, but following the children’s move to Malta in 2017, they had not been allowed to visit the grandchild despite attempts to communicate. One of the grandparents visited Malta in 2018, on the understanding that he would be able to visit his minor granddaughter, but this visit did not take place. The applicants stated that they appreciate that the parents of the child are responsible for the care and custody of the child but the relationship between the child and the grandchildren is affectionate and loving, and they should be allowed visitation rights. The applicants requested that the court a) Declare that it is in the best interests of the Minor Granddaughter HG to allow the applicants visitation rights; b) Give visitation rights to the applicants with the Minor Granddaughter by establishing such days, time and such directives as

are deemed by the court to be required and which would allow the relationship of the grandparents with the Minor Granddaughter to continue to develop; c) Give such other adequate directive.

 
Key legal question raised by the Court:
Is there a justifiable reason why the applicants should be deprived of visitation rights to their grandchildren?
 
Outcome of the case:
The application, on all three elements, was accepted.