There are many reasons why families grow apart. Sometimes, it could be a toxic family member. It could be changes like divorce that could take children away from their parents, and later even their children become estranged from their grandparents.
In light of this, estranged grandparents in Italy have sought the court's help to be with their grandchild, and other grandparents with the same concerns are given hope.
Estranged Grandparents Seek Access to their Granddaughter Living in Malta
There is an ongoing case in Malta concerning two Italian grandparents who desire to gain access to their estranged granddaughter living in Malta. The grandparents' desire to contact the child after relations with her parents grew strained after the family relocated to Malta.
Back in Italy, the grandparents were able to visit their granddaughter frequently. But since their daughter, son-in-law, and granddaughter moved to Malta, communication became more and more difficult. Further, the child's parents claimed that the grandparents had been negatively influenced and intrusive on their marriage, The World News reported.
The grandparents first tried to seek help from Italian courts. However, the Italian court declared that they had no jurisdiction since the child moved to Malta.
So, the grandparents sought help from Maltese courts. They cited human rights case law noting that they have a legal right to ensure that the child can access all family members, grandparents included.
The European Court of Human Rights interpreted human rights regulation as access rights given to parents and other persons important to the child, including grandparents.
Mr. Justice Anthony Vella presided over the case, observing that while Maltese law does not contemplate grandparents' access rights, human rights regulation should still prevail.
In light of this, the court rejected the plea made by the minor's parents. They pleaded lack of juridical interest, arguing that the grandparents' general and emotional appeals were not recognized by law.
Yet, the court of appeal said that though the Civil Code contains no express provision granting the grandparents' right to seek access, the Civil Code did impose grandparents should provide children's maintenance and education whereas parents lacked sufficient means or defaulted.
As such, these obligations included the participation of grandparents in their grandchildren's lives. Mr. Justice Vella declared that granting grandparents' access rights would be subject to the best interests of the child.
Further, the Family Court will determine such right on a case by case basis.
However, the judgment on the case would not mean grandparents can interfere with the grandchildren's upbringing.
Instead, it should provide grandparents the opportunity to seek contact with their minor grandchild. The court observed that ultimately, the minor would reap benefits from keeping contact with their ascendants.
Hundreds of Grandparents Denied Company of Grandkids, Now Have Hope
Fondazzjoni Nanniet Malta, a foundation representing estranged grandparents who are denied access to their grandchildren, said the Italian grandparents having difficulty communicating with their minor grandchild is not unique.
Instead, there are hundreds of such cases. With that in mind, the organization considers the ongoing case a "breakthrough" and a "landmark" judgment, Times of Malta reported.
There are currently no provisions by law that grant grandparents such rights.
The Court of Appeal ruled grandparents have a legal standing and juridical interest to ask for access to their grandkids. The foundation president Philip Chircop said the case opened doors for other similar cases.
Whereas parental authority had long been interpreted as parents can choose whether to allow visitation of grandparents and the latter can do nothing about it. Chircop added that the case instilled hope for others that things will move forward in their cases, too.
Grandparents Want to Hug, Give Gifts to Grandkids
As for now, the foundation can only encourage grandkids to care for and appreciate their grandparents. They receive calls from other estranged grandparents who do not take action because they do not want to take their children to court.
Some of the stories the foundation has learned about include grandparents who want to give their grandkids toys, show them around, and show what their parent's parent is like. They want to share their experiences with their grandchildren, too, and bond with them.
Gili, the estranged grandmother, says she only wants to hug her grandchild for at least 5 minutes, adding that "grandparents love their children's children, almost more than their own." One day, she hopes she can give the presents and birthday cards she stored for her "beautiful angel."
