New EU rules aim to solve child abduction problem

As from yesterday, judgments on parental responsibility handed down by the Maltese courts will be recognised throughout the European Union while Malta will start recognising judgments given in other EU courts.

This new procedure is in line with a new EU regulation that entered into force in all EU member states except Denmark. The aim is to create a common judicial area in the field of family law to ensure that children can maintain regular contacts with both parents after a separation even if they live in different member states.

The new regulations will also effectively solve the problem of parental child abduction within the EU, which causes appalling suffering to the children concerned. Thus, there is now a strict obligation to assure the return of the child.

From now, the courts of the member state to which the child has been abducted shall always order the return of the child to the member state of origin if the child can be protected there. Since time is of the essence in these proceedings, the court must issue its decision within six weeks.

The child as well as the non-abducting parent shall be given the opportunity to be heard. The courts of the member state of origin will have the final say to decide whether or not the child shall return and their decisions will be recognised and enforced in the other member state without the need for a declaration for enforceability.

The new regulations apply to matrimonial judgments and judgments on parental responsibility in proceedings instituted after March 1, 2005.

Sources close to the Ministry of Family Affairs said the abduction of Maltese children was not a rare occasion and was most commonly connected to Maltese nationals married to foreigners. No official statistics are kept but the sources said a number of such cases are reported every year, often ending up in court battles that take years to solve.

Justice Commissioner Franco Frattini said during a press conference in Brussels that "this regulation is a milestone in the creation of a common judicial area in family law matters and a significant step forward in the EU policy to protect and promote the rights of the child".

Mr Frattini said the new rules on child abduction will ensure the prompt return of abducted children to their member states of origin. The rules will also reinforce the fundamental right of the child to maintain regular contacts with both parents by allowing judgments on visiting rights to circulate freely between member states.