Is there a tendency to favor mothers in the allocation of custody in separation proceedings?

Abstract

Inspired by an interest in family law, this term paper is aimed at examining whether or not there is a tendency to favor mothers in allocation of custody in separation preceding. Chapter one introduced the concept of separation and establishes an overview of the process. It identifies the types of separation, who may apply for separation and the grounds of separation. Chapter two begins with defining ‘child custody’ and contrasts the term with ‘Access’. The chapter goes on to discuss the various custody arrangements that are applied by the Maltese courts. The background of the child custody is also examined and contrasted with today’s legislative stance on the matter. Chapter three examines the fundamental principle of ‘Best Interests of the Child’. It defines the principle and establishes its applicability in Maltese legislation and jurisprudence. Chapter four consists of the data complied through the assessment of separation judgments and decrees. The research will establish whether or not a tendency to favor mother in the allocation of child custody in separation proceedings exists.