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Watch: PL MP Proposes Criminalising Parental Alienation And Refusal To Pay Child’s Health And Education Fees

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Labour MP Amanda Spiteri Grech has issued a range of proposals to revamp Malta’s family and separation laws and procedures, including the criminalisation of the act of parental alienation.

“Parental alienation happens alike among mothers and fathers. It’s a consistent strategy, sometimes with the collaboration of other relatives, that occurs bit by bit with the goal of destroying a child’s relationship with the other parent,” Spiteri Grech – a family lawyer – told Parliament.

“The child and the second parent like both suffer and a negative experience is created. Family courts around the world have adopted different measures to address this ever-growing phenomenon, and some now even qualify parental alienation as a crime. Jurisdictions also adopt civil remedies and courts can impose obligations on parties who instigate hatred against the other parent. Let’s discuss these realities to safeguard our children.”

Spiteri Grech also proposed criminalising separated parents who opt out of visiting their children on the stipulated dates and times without providing a valid reason.

“If a parent with custody over the child denies access to the other parent, then criminal action can be taken against them. However, if the parent who has a right to access the child doesn’t show up at the stipulated time or doesn’t return the child home, there is no legal provision that allows criminal action to be taken.”

“If a child is repeatedly made to wait for their parent to pick them up only for them not to show up, that parent should lose the right to access. The right isn’t there for you to use as you please, and children are destroyed when they’re used like that.”

She also proposed updating maintenance laws, including establishing a baseline maintenance fee to be payable as soon as separation proceedings commence and the child’s home is established, the establishment of an authority to enforce maintenance payments, and a mechanism which courts can use to calculate maintenance due.

Spiteri Grech also proposed the criminalisation of the act of a separated partner withholding payments for their children’s health or education.

“While I can report my ex partner to the police if he doesn’t pay me maintenance, no criminal remedy exists if he doesn’t pay health and education fees for our children, Let’s establish the basics – we are talking about health and education here, and if they aren’t given, it should be considered a crime.”

Do you agree with these proposals?

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Tim is interested in the rapid evolution of human society and is passionate about justice, human rights and cutting-edge political debates. You can follow him on Instagram or Twitter/X at @timdiacono or reach out to him at [email protected]

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