Psychological expert reports before the Malta Ecclesiastical Tribunal : their relevance to child custody decisions

Abstract

CHAPTER 1 CHILD CUSTODY DECISION MAKING IN MARITAL BREAKDOWN LITIGATION This dissertation shall analyse how child custody decisions may be improved to reflect the theory of the best interest of the child, in the best manner possible. In chapter one we shall first analyse the legal meaning of child custody and the various forms of custodies which the Judge sitting in the Family Court may award. Then, we shall start exploring the difficulties that the Judge may find when deciding in the ‘Best interest’ of the child. Problems on custodial rights start arising as soon as a couple separates. We shall analyse what procedures are taken during marital breakdown proceedings ( mediation, separation, divorce and annulment) with regards to the care and custody of the children. CHAPTER 2 THE BEST INTEREST OF THE CHILD: A TERM OF CONVENIENCE? After analysing the different marital breakdown proceedings and how custody decisions are taken, chapter two shall look into the theory of the ‘best interest’ of the child and whether court still adopts the tender years doctrine when taking such decisions. This shall be done by analysing different case law and how decisions were taken. The main problems with regards to certain decisions is that the Court seems to avoid taking into considerations certain conditions found in the spouses. Conditions which may affect the life of those living with people with such conditions. Chapter two shall analyse the conditions which may not be noticed at face value but may only be discovered through the examination of an expert. We shall also see the different effects of having such disorders. CHAPTER 3 THE CONTENTS OF ECCLESIASTICAL ‘PSYCHOLOGICAL EXPERT REPORTS: THEIR ROLE AS EVIDENCE BEFORE THE CIVIL COURT In this chapter, we are going to look at the Ecclesiastical psychological reports. This is to show the procedure which the Ecclesiastical Tribunal adopts in order to arrive to a conclusion; a procedure which should be considered also by our Courts. We shall first look at such reports from the standpoint of their status within canon law and secondly by exploring the contents of the reports and their format. Having done so, we will proceed to examine the various kinds of evidence which are acceptable in Maltese Civil Marital Breakdown cases, to show how the psychological reports may be used as evidence in our court. CHAPTER 4 RECOMMENDATIONS Finally, after having analysed how the child custody is being dealt with in our Family court and the psychological expert reports coming from the Ecclesiastical Tribunal, chapter 4 shall propose the changes which may improve the situation in the Family Court and which may avoid having children being harassed by their parents.