Probation order for mother who unlawfully took son to Libya
Court opts for reformative punishment and family therapy
A woman who unlawfully took her minor son to Libya without the father's knowledge was handed a probation order after admitting the charges, with the court opting for a reformative punishment and family therapy.
The woman, who cannot be named by court order, was accused of taking her son, who was under the age of 16, out of Malta in violation of an order issued by a competent authority.
The boy’s father had filed a criminal complaint alleging that the woman took their son to Libya. He testified that in late 2019, after their son completed cancer treatment, it was agreed that the woman would take the boy to Gozo for three days. The man also agreed with the woman that he would see their son on Christmas Day since he had not seen his son since the diagnosis.
The man called at the residence of the mother of the accused to pick up his son but was told that the woman had been gone away for five days. He only got to know on February 27, 2023 that his son was back in Malta. His lawyer then sought information from Malta International Airport and found that the boy had returned to Malta in September or October 2022.
A representative of Identità testified in the proceedings, explaining that the authority received an application for the boy’s passport through the embassy of Malta in Libya. The application was made on September 7, 2021, and his father’s signature was not on it.
A representative of the Child Protection Directorate testified that she had recommended before the Family Court that the minor start living with his father. Police assistance was sought to remove the minor from his mother’s home and transfer him to his father’s home. In those recommendations, the social worker had also recommended that the accused visit her son at Appoġġ and that a forensic psychologist assess the minor. It was also recommended that the mother, father and son attend therapy.
A medical doctor, who treated the boy for two years, said the child suffered from attachment disorder, which arises when a child lacks a stable early-life family environment. Initially the child did not have any issues with the mother, but the accused later reported that her son suffered from severe behavioural issues. Once it was decided that the child was to live with his father, the doctor reported that the child progressed, and this was also due to the woman’s cooperation at family therapy sessions.
The woman eventually admitted the charges brought against her in November 2025.
In its considerations, the court said that a reformative punishment would be better suited due to the exceptional nature of the case and the best interest of the child. The court ruled that the woman should be given another chance to reform herself and placed emphasis on the importance of continuing family therapy so that both mother and father provide a sense of stability to the minor. The woman was placed on a three-year probation order.
Magistrate Claire Stafrace Zammit, presided over the court. Police Inspector Gabriel Kitcher prosecuted. Lawyer Stefano Filletti was defence counsel. Lawyer Jacob Magri appeared parte civile.