Children

When parents separate, the questions about their children are usually the hardest. This page explains how the law approaches them in Malta. Article numbers refer to the Civil Code, and “regulations” refers to the Family Court Proceedings Regulations, 2026.

The children’s interests come first

Whenever a court makes a decision about children, their welfare is the paramount consideration (articles 47 and 56). The court can also give any directions about a child’s person or property that it considers to be in the child’s best interests (article 149).

In short

• Both parents share authority. A child is under the authority of both parents, which is exercised by their common accord. If they disagree on something of particular importance, either can ask the court to decide (article 131). See care and custody.
• Both parents keep their duties. Separation or divorce does not end a parent’s duty to look after, maintain and educate their children (articles 3B and 57, and 66L for divorce). See maintenance.
• Access is a right and an obligation. The court arranges it, and it can be limited or refused where it would harm a child or a parent (article 57). Failing to give access, or to take or return a child on time, without just cause, can be a criminal offence. See access.
• Moving a child abroad is a serious matter that needs the other parent’s agreement or the court’s decision. See relocation.
• Children can be heard. The court can hear children, and it can appoint a Children’s Advocate to represent their interests (article 66I and regulations 15 and 16).
• Unmarried parents are covered too. Disputes about custody, residence, access and maintenance between parents who are not married go through the same mediation and court process (article 37 and regulation 39). See children of unmarried parents.

What the court looks at

When it decides care, custody, residence and access in the meantime, the court takes into account the equal responsibilities and rights of each parent, the rights and interests of the children, and the particular circumstances of the family. It also considers each parent’s willingness and ability in bringing the children up (regulation 32).

Where there is domestic violence

If there is evidence of domestic violence, the court may limit or refuse access if it would put the children or the other parent at risk (article 47). In serious cases, domestic violence counts as a grave reason for the court to declare that a parent is not fit to have custody (article 56A). The court can also issue protection orders, and it can hear urgent applications within four days (articles 37 and 39).

Support for your children

The court can appoint a Children’s Advocate, who acts as a guardian for the child in the proceedings, shares the child’s views with the court and explains what is happening in a way the child can understand. It can also appoint a support person, an expert who assesses what help the child or family needs, and, if needed, a therapist (regulations 5 to 7, 15 and 16).

Where to start

If you are separating, or you already have an arrangement that is not working, the first step is a conversation about your own situation. We will explain the process and your options, without promising an outcome.