Title

The Protection and Enforcement of Equal & Shared Parenting

Date

23-11-2023

Date petition closes for signatures

23-03-2024

Creator of petition

LYNN MARIA CHIRCOP FAURE

Grievance

The right of every Child to maintain equal and regular unrestricted contact with both parents is not protected and enforceable in Malta ex officio.

Wherefore I/we respectfully request the House of Representatives to

introduce unequivocal and defined substantive and procedural rules in the Civil Code, Chapter 16, the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta respectively, on parental responsibility to ensure the protection and enforcement of the right of every child to maintain on a regular basis a personal relationship and equal direct contact (50-50) with both his or her parents, unless that is contrary to his or her interests.

Closing remarks

It is strongly reiterated that the discretion of the family court must only be used in cases when such equal shared parenting is proven, by the competent authorities, not to be in the best interests of the child. The right of the child to Equal Shared Parenting must be granted ex officio in separation cases ab initio to ensure the effective exercise of the right of the child to enjoy family life, without any interference.