Grandparents have a right to turn to the courts to seek access to their grandchildren, with the ultimate decision always to be taken in the best interests of the child, a court has ruled.
The court of appeal is hearing an ongoing lawsuit in which the Italian grandparents of a four-year-old girl who lives in Malta with their estranged daughter and Maltese son-in-law, are seeking to establish contact with the child.
Relations between the child’s parents and maternal grandparents deteriorated and communication dwindled after the couple moved to Malta, claiming the elderly couple was having an “intrusive and negative influence” on their marriage.
The grandparents first sought recourse before the Italian Tribunal for Minors, which concluded that it lacked jurisdiction since the child lived in Malta.
They then went before the Maltese courts, whereby they obtained a preliminary judgment from the Family Court, acknowledging their juridical interest to seek access. However, this was not an automatic and absolute right.
The child’s parents appealed.
The court of appeal observed that although the Civil Code contained no express provision granting such right to seek access, it did impose upon grandparents an obligation to provide “for the maintenance and education of the children” when the parents defaulted or lacked sufficient means.
Such obligations led to “the participation of the grandparents in the life of grandchildren,” observed the court. It added it would not be justified to make a blanket statement that grandparents “have absolutely no right” to seek some form of contact through the courts.
Such “special relationship” between grandparents and grandchildren was recognised under Maltese law and consequently, so was the grandparents’ juridical interest in requesting some form of contact.
Obviously, this did not mean that they had a “guaranteed right” to visit or contact the minors, but a right to “ask for visitation.”
Whether that right eventually materialised was a matter for the Family Court to determine on a case by case basis, in line with the best interests of the child and after due consideration of the parents’ objections.
As for the issue of parental authority, it did not mean that the parents “have the last say on all matters that concern the child,” declared the court, presided over by Mr Justice Giannino Caruana Demajo, alongside Mr Justices Tonio Mallia and Anthony Ellul.
“Minors do not have an independent voice. The interest of the parents, who have parental authority over their children, are not always in tune.”
Having said that, the court clearly stated that the judgment did not imply that “grandparents can interfere in their grandchildren’s upbringing,” but to provide an “opportunity” for grandparents to seek contact with a minor grandchild.
Given the right circumstances, “the minor will undoubtedly reap benefits from keeping contact with his ascendants,” the judges observed.
Lawyers Therese Comodini Cachia, Mario DeMarco and Ryan Bezzina assisted the grandparents.