Grandparents’ visitation rights : what can Malta learn from the US legal system?

Abstract

The shifting dynamics of contemporary society, characterized by factors such as increased female workforce participation and evolving family structures, have underscored the significant role that grandparents play in the lives of their grandchildren. However, events like divorce can abruptly disrupt these relationships, underscoring the need to regulate grandparent visitation rights to preserve familial ties. Despite this necessity, such rights have faced criticism, often centered on the perceived encroachment upon parental autonomy. In Malta, the legal framework concerning grandparent visitation rights remain relatively underdeveloped and unregulated. In contrast, the United States possesses a more comprehensive legal structure, incorporating statutes, standards and case law that provide clearer guidelines and precedents for resolving disputes regarding grandparent visitation. Nevertheless, despite the acknowledgment of grandparent visitation rights in the US, disparities exist among state statutes, presenting diverse facets and associated complexities to navigate. This dissertation embarks on a comparative analysis between the Maltese and US legal systems to identify best practices and formulate viable recommendations for enhancing Malta’s legal framework. By examining the nuances of grandparent visitation rights regulation in both jurisdictions, this study seeks to inform Malta’s legal landscape and promote familial stability. The author concludes that the Maltese legal framework would benefit from a tailored permissive regulation enshrining visitation rights for grandparents. This regulation should delicately balances the right of all parties involved while prioritizing the paramount interests of the child, utilizing the best interests plus standard.