Cases of marital separation and the legal rights of children : a sociological perspective

Abstract

This study highlights the process of marital separation and the legal rights of children. The purpose of this study was to explore how the spouses deal with such difficult situations and how children react to their parent's separation. Moreover, such process is seen in relation to the Maltese Courts. For this study, five service providers were interviewed since their job is related to the issue of marital separation or children's rights. A survey was carried out among separated people and children whose parents have gone through the process of marital separation. Results revealed that every person who experiences separation goes through a difficult phase in his/her life. From a children's point of view, the parent's separation is considered as the hardest time in their young lives. The experience meant that some of the children became more responsible and matured earlier. Findings showed that children differed in their experiences of parental separation, and therefore, one cannot conclude that separation was either a positive or a negative experience. However patterns of shared feelings and perspectives were identified. When the parents do not let their emotions take the better of them, both in their everyday life and in court, their number one priority would be always the child's interest. Thus, children are not used as a weapon against the other parent. It is the way the parents handle the separation which very much affects how the children cope with the situation.