Revisiting parental authority : exploring the inclusion of parental alienation as grounds for parental rights deprivation under Maltese civil law

Abstract

Parental alienation, though widely experienced in high-conflict family breakdowns, remains an underdeveloped concept within Maltese law. This dissertation explores whether such alienating behaviour should be formally recognized as a ground for parental rights deprivation under Article 154 (1) of the Civil Code. The study adopts a combined doctrinal and empirical methodology, assessing local and comparative jurisprudence alongside qualitative interviews with legal and social work professionals. While current Maltese legislation does not explicitly mention parental alienation, several judicial decisions have acknowledged its effects, particularly within the context of emotional abuse. Through an evaluation of expert commentary, legal literature, and case law, including the interpretation of significant judgements, this dissertation underscores the inconsistency in judicial treatment and the lack of structured legal safeguards for both children and the alienated parent. Findings reveal that although parental alienation is not codified, the courts increasingly recognize its seriousness, especially where it impairs a child’s welfare. The analysis supports the conclusion that parental alienation, when established through clear evidentiary standards, constitutes a form of significant harm and should therefore be expressly listed under Article 154(1). This dissertation contributes to the growing call for reform, advocating for clearer statutory recognition, judicial training, and structured interventions aimed at safeguarding the best interests of the child in separation and custody proceedings.