Care, custody and access: what the words mean in Maltese law
What parental authority, care and custody and access mean in Malta, how courts decide them and what happens when an order is not followed.
Parents use many words for what happens to children when a couple separates. This guide explains how Maltese law uses them.
Parental authority
A child is under the authority of both parents, exercised by their common accord. If they disagree on something of particular importance, either can apply to the court, which tries to help them agree and, if they still disagree, authorises the parent it considers more suitable to decide in that case. Parental authority ends at eighteen, or earlier on marriage or in certain other cases.
Care and custody
When parents separate, the court gives directions about who has custody, and the children’s welfare is the paramount consideration. In the meantime, while a case is going on, it decides care and custody, residence and access at either parent’s request, looking at each parent’s equal responsibilities and rights, the children’s interests and the circumstances of the family.
Separation does not end a parent’s duty to look after, maintain and educate their children. Divorce does not affect the parents’ rights and obligations towards their children, or any agreement about custody.
Access
Access is the time a child spends with the parent they do not live with. The court decides time, place and manner according to the circumstances. It is a right and an obligation: the parent granted access must exercise it, and the other parent must provide it.
When an order is not followed
A breach is treated as a breach of a court decree, and the court can make orders to ensure compliance, including suspending a parent’s rights where breaches are repeated without good reason. Refusing access when ordered, without just cause, or failing to take or return a child at the time ordered, can also be a criminal contravention.
When the court can limit or refuse access
The court can forbid access where it would be detrimental to the welfare of the children or of one of the parents. Where there is evidence of domestic violence, it may limit or deny access if it would put the children or the other parent at risk.
Your children’s voice
The court can hear your children and appoint a Children’s Advocate to represent them.
See also children, care and custody and access.
Last reviewed on 8 October 2026. The law changes, so please check the current position with an advocate before acting.
This article gives general information and is not advice on your own situation.
