The grandparents first sought recourse before the Italian Tribunal for Minors, which concluded that it lacked jurisdiction since the child lived in Malta.
They then went before the Maltese courts, whereby they obtained a preliminary judgment from the Family Court, acknowledging their juridical interest to seek access. However, this was not an automatic and absolute right.
The child’s parents appealed.
The court of appeal observed that although the Civil Code contained no express provision granting such right to seek access, it did impose upon grandparents an obligation to provide “for the maintenance and education of the children” when the parents defaulted or lacked sufficient means.