The role of the social worker in the process of marital separation in the proposed Family Court

Abstract

The introduction of a Family Court in Malta has been debated for a number of years. The publication of the White Paper on the Family Division - Civil Court has generated various reactions from the general public and many professionals. This is mainly because the White Paper is calling for a total overhaul of the present system of family proceedings in Court. This study forwards a detailed review of the literature on the various concepts of the family and the functionality of some Family Court systems in other foreign countries. It also focuses on the present role of the social worker in Court and on the main issues of the social process presented in the White Paper on the Family Division - Civil Court. Furthermore, the study also presents and discusses the findings of ten interview guides, administered to five social workers and five lawyers who are currently working on marital separation cases. These interviews seek to elicit the respondents' opinions on the role of the social worker and its importance in the social process of the Family Court as proposed by the White Paper on the Family Division - Civil Court. Besides, the interviews also focus on the perspectives of the respondents about the mediation process, which is also mentioned in the White Paper. The essential need of a Family Court in Malta, which is backed up by solid structures and procedures, is highlighted in this study. Meanwhile, this study also identifies the need for trained and specialised personnel, particularly social workers and lawyers, to collaborate more in their work for the well being of the clients. Finally, recommendations are forwarded with the aim of recognising social work as a profession and consequently advancing the role of the social worker in the proposed Family Court in marital separation cases.