With all due respect to our Family Court Judges, it is not the first time that since the advent where interested parties in matrimonial disputes’ lawsuits can file as a valid document Reports made by “experts” (in whatever field) who have been paid by the interested Party commissioning the said report, that these reports contain not only many inaccuracies and misleading facts leading inevitably to misleading conclusions, but furthermore a number of these Reports submitted by Experts commissioned by an interested Party not only violate a number of important principles relating to which the Rule of Law is flouted, particularly the sacred principles that each of the interested Parties has to be heard and be given the opportunity of counter producing the evidence, plus the fact that Justice must not only be done, but must be seen to be done!

It is not the first time that as a result of such thwarted Reports one of the interested Parties is victimized such as by not being allowed to see his own children except under certain conditions which naturally creates a psychological upheaval in the victimized father, particularly when this father has to react legally by filing applications before the Courts so that a just solution be found!

It is equally not the first time that the Courts in what it considers as the supreme interests of the minor, accepts provisionally a “thwarted” Report by some “expert” who may not be aware or may intentionally violate the sacred principles relating to which the Rule of Law in Court proceedings must be followed: the ensuing result is that the Court instead of taking the bull by the horns, nominates another expert to draw another report based on a thwarted report! This in reality means that the victimized person is going to be even further victimized because until the second report is concluded, more time is going to pass until a victimized father has the opportunity to see his son or daughter or minor children!

It is also not the first time that the Court then determines that the Party who had originally filed the “thwarted” report would have to pay the expert nominated by the Court and we have had instances where deliberately the Party responsible for all this chaos determines then not to pay the Court Expert Report!

Hence, the victimized Party would then either have to pay additionally theReport by the expert nominated by the Court or else file another application for the Court to order the other Party to pay the Report, which means that more time is passing frustrating to exasperation and despair the parent who is not seeing his or her minor children!

This is deliberate injustice, which is not being caused by the Court directly, but because of a lack of coordinated infrastructure is making victimized parents suffer unnecessarily with potentially serious consequences that might or could occur. Therefore, it is of the utmost importance that the Family Court is provided with a monitoring infrastructure where such abuses will not be furthermore allowed or else the Court would have to impose a limit on the parent refusing the other parent from acceding to his or her child so that in instances where Family Court Experts’ Fees have to be paid, unless they are paid within a prescribed, specific time, then the Court in the interest of Justice and in the supreme interest of the minor will reject whatever is contained in the application by the parent who may have an interest to preclude the other parent for some exaggerated or imagined reason to have access to his or her children.

These are the humane problems which Family Court Lawyers are being faced with at regular intervals and it is evident that the authorities-that-be are not taking these serious social issues in a professional manner that is needed to prevent further injustices being caused by a vindictive or irresponsible parent against the other spouse or parent of the minor children involved.

Hence the question automatically crops up: where is the much-flattered institution AGENZIJA APPOGG in such cases, where is the Advocate for minor children? When in reality we do not have the infrastructure to be able to see to it that serious cases like this are solved and solved immediately! Try and explain all this to a father who has not seen his minor children for a number of months and then comes Christmas or the New Year period, for these festive moments, when everyone is being seen playing and exchanging presents with his or her children only to find out that he does not have access at all to his minor child simply because of the whims of some expert commissioned by one of the Parties who may have flouted the basic principles of Court procedures and in return a parent is being victimized unnecessarily. Immediate actions on such issues have to be resorted to…. immediately!

Your Truly:
Emmy D. BEZZINA
Chairman/Founder-ALPHA: partit politiku