A court has ordered a man to pay the mother of his son €45,000 in backdated alimony in a landmark ruling that held he was still responsible for the child he had abandoned at just 16 months old.

Legal sources have told Times of Malta that the case could open the floodgates in similar court battles between former partners.

Madam Justice Jacqueline Padovani Grima ruled that even though the mother had been entrusted with sole custody and the father stripped of his parental duties nearly 20 years ago, this did not mean he could wash his hands of his obligation to care for his son.

Despite being absent throughout his son’s life, he could not abdicate his parental responsibilities, she said.

Legal sources said this judgment could have a bearing on pending cases in which parents entrusted with care and custody of their children are fighting for alimony payments from their former partners, many of whom do not pay their dues.

The court heard that the man had turned his back on his partner and their son when the boy was just 16 months old. He is now nearly 20 years of age.

He could not abdicate his parental responsibilities

The father was only 18 when his partner got pregnant after they had dated for just four months.

During the pregnancy, he had assured her that he would be a good father and would cover his son’s financial needs, but insisted he was not ready for marriage.

He had purchased a pram, pushchair, highchair and playpen and attended the birth after being forced to do so by his partner.

After the break-up, he would visit his son at her parents’ house but he usually went late and would only spend a few minutes there.

She went on to raise their son singlehandedly. Unemployed, she depended solely on social benefits. She had to find work after a fire broke out at their house and they lost practically everything.

The mother presented a long list of expenses she had incurred throughout her son’s childhood, including nappies, formula milk, school uniforms, stationery and books, private lessons, a laptop and internet connection as well as extracurricular activities such as scouts, football and a bicycle.

There were also clothes for Holy Communion and Confirmation, birthday parties and other celebrations.

Madam Justice Padovani Grima listed the parents’ responsibilities at law. Parents “have an obligation to care for, maintain, teach and educate their children”. The father had not carried out those responsibilities, she said.

After considering the father’s income, the court fixed the alimony at €200 a month until his son had turned 10 and €300 from then on, also taking into account medical, educational and extracurricular expenses.

After reducing what he had paid until the case was decided, the court ordered him to pay his ex-partner nearly €45,000 in backdated alimony.