A young mother yesterday lost her bid to relocate to the US with her 10-year-old daughter as the Family Court ruled the move would not be in the child’s best interests.

The mother – whose name cannot be published by court order – said she had become pregnant at the age of 16 from a relationship with an older man. The man was now married to someone else and had another child.

The mother, a psychology graduate, said she planned to study graphic design in the US but her ex was objecting to the move.

Mr Justice Robert Mangion heard the father argued that it would not be in his daughter’s best interests and, as the mother had relatives in the US, there was a risk she would not return. Also, he was not financially in a position to travel to the US to see his child.

Mr Justice Mangion said that when a court had to decide on a request to relocate a minor, together with the custodial parent, away from the non-custodial parent, a number of factors had to be taken into consideration.

These included whether the move would improve the quality of life for both the custodial parent and the child and whether the decision is taken in good faith or to frustrate the other parent’s visitation rights.

There was also the aspect of whether the relocating custodial parent would comply with new visitation orders.

The court had also to establish whether the non-custodial parent was opposing the move as a ploy to avoid paying child support.

The court-appointed psychological experts concluded that relocating to the US did not seem to be in the girl’s best interest.

They suspected that the daughter’s declaration that she wished to move were based on a strong sense of loyalty to her mother.

The experts added that the move could be detrimental to her relationship with her father.

Mr Justice Mangion said the question the court had to decide was not whether the mother had a right to relocate abroad to further her studies, but whether moving a 10-year-old to a country outside the European Union away from her father and other family members was the right thing to do.

After examining all the facts, including that the child would miss the very good relationship she enjoyed with her maternal grandfather in Malta, the court dismissed the mother’s request.