A comparative study of Divorce Law in relation to protection of minors in European Union member states

Abstract

Family law is one of the most important aspects of law precisely because it deals with issues of fundamental importance in one’s life. This includes, in particular, the regulation of aspects of one’s most intimate interpersonal relationship such as maintenance, care and custody of minors, separation and divorce. Following a Private Member’s Bill in the Maltese House of Representatives by Hon. Pullicino Orlando, and a separate Parliamentary Resolution under the Referenda Act authorizing a facultative non-binding referendum in 2011, Act XIV of 2011 introduced divorce law in Malta. Until then, only legal separation was acknowledged by the Civil Code Given that divorce in Malta is still in its infancy, I consider it of utmost importance that, at this day and age, protection of minors is truly provided for in this particular legislation. Due consideration must also be given with respect to how Maltese Divorce legislation compares with other similar legislations within various European Union Member States. By means of a thorough comparative study, this Term Paper will outline the differences in legislation between a number of EU Member States, namely Malta, Ireland, Italy and France with respect to realities that affect those who have little or no voice at all. The study will analyse issues relating to the best interest of the child. These consist of, inter alia, child advocacy, parental authority and the minors’ fundamental right to be heard, as well as other issues pertaining to parental rights and responsibilities. A brief reference will also be made to parents' remarriages or any other new relationships following divorce, and the rights of their children visà- vis step-parents or other persons standing in loco parentis.