Contact rights of the non-custodial father

Abstract

This thesis is intended to examine the main concepts governing contact rights in respect to non-custodial fathers, with the further objective of determining whether any form of bias against these fathers may be detected in the contemporary Maltese case law. Chapter 1 gives a definition of the notion of contact by making reference to legislation, case law and literature on the subject matter, whereby the role of the non-custodial father will be introduced. Chapter 2 focuses on the determination of contact by discussing the main factors affecting the type of contact a non-custodial parent, most frequently the father, will have following a relationship breakup. Chapter 3 examines the Court's considerations when restricting or excluding contact by paying particular attention to the effects that such decisions might leave on the child and the non-custodial father. Chapter 4 is entirely dedicated to the evaluation of the present Maltese situation, vis-a-vis the non-custodial fathers and any potential element of prejudice against them, by conducting a thorough examination of a sample of Maltese cases, which will include personal observations and commentary, in light of the results obtained out of such an assessment. Chapter 5 comprises a number of recommendations which could enhance the Maltese approach towards contact rights from the legislative, judicial and also the social point of view.