I have an ongoing court case situation that I have been in for 3 years. The court is taking too long to issue a decree for care and custody in this case.
I am a single mother of a 7 year old son. The father, who is a foreigner, has left Malta after our relationship ended and he has not paid attention, showed any interest, or heard the child for the last 4 years. Obviously I have never deprived him from access to the child. Maintenance has never been passed from his end for these last 4 years. The little one had his First Holy Communion in the past recent days and the father did not show any interest or contribute in any way for this special day.
I can’t understand why the court is taking all this time to give care and custody to a mother who has been doing everything on her own for years. The father does not pay maintenance for the child because he says he does not work and has no money, but somehow he has and finds the money to pay his lawyer and puts me through a financial burden to pay for legal advise from my lawyer for the case.
This is becoming ridiculous. Women/guardians/fathers who strive on their own to raise their children, and do it for ongoing years, why do they have to suffer a financial burden to pay for costly legal fees and go through a never ending court procedure to obtain what should be already theirs automatically?? i.e. Care & Custody.
The law must change in this act. These men/women who do not take on responsibility towards their children and do so for an amount of years should automatically lose custody of their children and the court should issue a decree in automatic after having a set of evidence proving the absence of the parent. Why should the other part be in need of the irresponsible parent’s/guardian’s signature for passport, summer school, taking on sacraments like Holy Communion when the latter takes no interest towards the child, has no care of him, passes no financial support for the benefit of the child?? Why can’t my son go on holiday with his family like other children because of his father?
Most of the times I had a sitting this year for my case it got deferred without any prior notice. I would have taken a day of leave of work to be present in court and each time I am informed there and then that the hearing is deferred on his request, hence I would have gone for nothing! All this implicates frustration, waste of energy and time. The court is allowing this waste of time, letting him continue doing what he wants, that is breaking the law since he passes no maintenance while the child holds his surname.
My son was a toddler when the case has been opened and now he had his First Holy Communion! Does it make sense to have all these years passing for a decree ? When will it be issued? When the child turns 18?? I am tired of being told: ‘Madam it is a procedure’. Well, in my humble opinion the system is wrong! And it must be changed! There has to be a law that safeguards minors and does not keep their life or their parents’ on hold for so long! It is unacceptable!
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