Moving abroad with your children from Malta: what the law requires

Moving to another country with your children is a big decision, and when parents are separated it needs care. This guide explains what the law says in Malta. Article numbers refer to the Civil Code unless stated.

Who decides

A child is under the authority of both parents, exercised by their common accord. If they disagree on a matter of particular importance, either can apply to the court, which hears the parents (and the child if fourteen or older), tries to help them agree and, failing that, authorises the parent it considers more suitable to decide (article 131). Where a child will live, and in particular whether in another country, is the kind of decision that normally needs both parents’ agreement or the court’s decision.

If the other parent does not agree

If you want to move and the other parent does not agree, apply to the court before you go. The court looks at the children’s best interests (articles 149 and 56). Moving without agreement or a court decision carries serious risks.

When a move becomes wrongful removal

Under the 1980 Hague Convention, which has the force of law in Malta, taking or keeping a child abroad is wrongful if it breaches rights of custody that were actually being exercised, under the law of the country where the child normally lived. Rights of custody include the right to decide where the child lives (Child Abduction and Custody Act, First Schedule, articles 3 and 5). The Convention applies to children under sixteen (article 4).

If a child is wrongfully removed to another country that is party to the Convention, the court there must order the child’s return forthwith if less than a year has passed, subject to limited exceptions (article 12). Within the EU, Regulation (EU) 2019/1111 expects a court of first instance to decide a return application within six weeks, except in exceptional circumstances (article 24). See international child abduction.

If you are the parent who is staying

If you think your child may be taken abroad, or has been, get advice at once. The first steps often need to be taken quickly.

If you are the parent who wants to move

Please speak to an advocate before you make any plans the other parent has not agreed to. We can explain what the court looks at, the evidence it will want, and the risks of acting alone. See relocation.