Care and custody

Who looks after the children, who decides, and how the court approaches it.

A small child with curly hair sitting on a limestone doorstep in Valletta, holding a wooden toy boat

Care and custody are about who looks after the children, where they live, and who makes the big decisions about their lives. This page explains how the law approaches them in Malta.

Parental authority

A child is under the authority of both parents, and this authority is exercised by their common accord. After the death of one parent, it is exercised by the surviving parent. Parents jointly represent their children in civil matters.

If the parents disagree on a matter of particular importance, either can apply to the court. The court hears the parents, and the child if the child is fourteen or older. It first tries to help the parents agree. If they still disagree, it authorises the parent it considers more suitable to protect the child’s interest in that case to decide. Where a child faces imminent danger of serious prejudice, either parent can take the urgent measures needed.

When parents separate

While the case is going on. The court gives directions about the children’s custody, and the paramount consideration is their welfare. At the request of either parent, it decides care and custody, residence and access in the meantime, looking at each parent’s equal responsibilities and rights, the children’s interests and the circumstances of the family.
In the judgment. When separation is pronounced, the court directs which parent has custody, again with the children’s welfare paramount. It can, if it considers this strictly necessary, place the children with someone acting in place of a parent, with a third party, or in another form of care.
Changing it later. The court can revoke or vary its directions whenever the children’s interests require. An agreement between parents on custody can be set aside by the court, on the request of either parent or any relative, where the children’s interests require it.
After a divorce. Divorce does not affect the rights and obligations of the parents towards their children, or any agreement reached about custody.

Limits on a parent’s authority

The court can deprive a parent of parental authority, wholly or in part, in the cases listed in the Code, such as ill-treating the child, neglecting the child’s education, or failing to meet the duty to maintain and educate the child. It can order that only one parent exercises authority, and in serious cases exclude both. The court can reinstate a parent when the cause ends.

For grave reasons, the court can declare a parent unfit to have custody of the minor children. Evidence of domestic violence counts as a grave reason. A parent so declared cannot take custody of the children on the other parent’s death without the court’s authorisation.

How long it lasts

Parental authority ends when the child turns eighteen, or earlier on the child’s marriage or in certain other cases. The duty to maintain a child can continue beyond eighteen, for a child under twenty-three in full-time education or training and for a child with a disability. See maintenance.

Your children’s voice

The court can hear your children, and it can appoint a Children’s Advocate to represent them. We will explain how this works and what it means for your family.

Last reviewed on 8 October 2026. The law changes, so please check the current position with an advocate before acting.

Common questions

What happens to the children when parents separate or divorce?

When parents separate or divorce, the children’s welfare comes first in every decision the court makes about them. Both parents keep their duty to look after, maintain and educate their children, whatever happens to the marriage. If the parents cannot agree, the court decides who has custody and arranges access, and it can hear the children and appoint a Children’s Advocate to represent them. Parents who are not married have the same duties, and their disputes go through the same process. See children.

What do care, custody and access mean?

When parents separate, the court gives directions about who has custody, and the children’s welfare is the paramount consideration. While a case is going on, it decides care and custody, residence and access at either parent’s request. Access is the time a child spends with the parent they do not live with.

Separation does not end either parent’s duty to look after, maintain and educate their children. See care, custody and access: what the words mean in Maltese law.

All questions