'Girl with two mummies' who became centre of bitter litigation [SLIDESHOW]

The report of a child psychologist proved determining in revoking an interim injunction against the departure of a five-year-old Eritrean to Switzerland with her biological parents.

The prohibitory injunction and an application for temporary custody were filed by the 35-year-old woman in a last-ditch attempt at securing more time for the child's reintegration with her family before leaving the island.

The woman had cared for the child since the tender age of four months, on the basis of a private understanding with the mother when her family was residing in the Hal Far open centre.

But psychotherapist David Grillo's report proved crucial in convincing Judge Abigail Lofaro that both missing on relocation to Switzerland, and being uprooted without preparation, would have been damaging to the child.

In her session with Grillo, the Maltese carer insisted that she wanted the girl to finish her term of education at St Michael's Foundation. Even though she did not want to keep the child against her family's wishes, she believed she would have a better quality of life in Malta than in Switzerland.

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But the girl's mother pointed out to Grillo that she had got worried when the foster carer started becoming more possessive: "She does not understand that in Malta we can never get regularized while the opportunity we have in Switzerland offers us citizenship."

On her part, the child was described by Grillo as "articulate, sociable and intelligent" and it was "evident that she was not traumatised" but confused about the relocation. In her mind, she believes she will return to Malta for the holidays.

"She told that she has two mummies," Grillo said, adding that the girl wanted to leave some of her toys at her other home.

But it was clear that there was a natural bond with her biological mother, Grillo said. "She often cuddle with her and showed natural affection."

Grillo emphasized the fact that postponing relocation to Switzerland for the migrant family, which had subsidiary protection in Malta, could not be postponed in favour of a healthy transition from the family of the Maltese carer. "While it would have been idea to have a smooth transition period and to clarify confusion, making the family lose the opportunity for relocation may also have negative consequences on the child..."

The court accepted Grillo's recommendations for a cooling period of one month after departure, after which both families could reach an agreement on whether the Maltese woman wished to support the girl in her education and keep contact with the family.

"Ideally the biological parents will reach an agreement... so that in the best interests of the child, some continuity is provided by means of phone calls and visits - these need to be structured, scheduled, and agreed upon and signed."

Grillo also said that in a bid to extend the normalcy she had grown accustomed to under the care of the Maltese woman, the girl had to continue her regular activities of ballet, dancing, gymnastics and dancing.

Judge Lofaro ordered that the national authorities contact UNHCR, the IOM and the Swiss Foundation of the International Social Service to offer all necessary assistance to the minor, including that of a child psychologist and a social worker to explain what relocation means, strengthen her bond with her siblings, and adapt to life with her family.

Lawyer Nicole Vella appeared for the plaintiff. Lawyers Lara Dimitrijevic and Alex Sciberras appeared for the Eritrean family. The publication of the names of the parties concerned were banned for publicatio by the court.