Ukrainian boy refuses to return to his country – wants to remain in Malta with his mother

Three Judges have decided against sending a 12-year-old Ukrainian boy back to his country after they concluded it would be more traumatic for him if he were to be forced to go back rather than continuing to live here with his mother, where he appears to be happy.

The boy’s parents married in 2009 and the boy was born in the same year; however, they separated in 2016.

Two years later the father entered into a relationship with another woman with whom he lives today, and they also have a son.

The boy’s mother came to Malta with her son in 2019, and as the father no longer had any contact with the boy, he asked the Ukrainian authorities to take the necessary steps for the boy to be returned to Ukraine.

Although the Maltese Court had turned down this request in 2020, the Authority for Social Welfare Standards instituted proceedings in Court for the boy to be returned to his country.

The father wanted the boy to live with his parents, being the boy’s grandparents. However, the boy made it clear he did not want to live either with the father or with the grandparents, from either his father’s or his mother’s side.

The case was heard by Justices Giannino Caruana Demajo, Tonio Mallia, and Anthony Ellul.

The Judges made it clear it was a matter of concern that the father wanted the boy to be looked after by his grandparents.

The Judges declared they were convinced that if he were to be taken away from his mother, the boy could go through a trauma.

They added that the boy had declared he did not want to go back to Ukraine and had told a psychologist he wished to remain with his mother in Malta.

The  Judges accordingly turned down the request by the local authorities for the boy to be returned to Ukraine.