Relocation

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

Who decides

Parental authority is exercised by both parents by common accord. If they disagree on a matter of particular importance, either can apply to the court, which tries to help them agree and, failing that, authorises the parent it considers more suitable to protect the child’s interest in that case to decide (article 131). Where to live, and in particular whether to live in another country, is the sort of decision that normally needs both parents’ agreement or the court’s decision. The court can also give directions about a child in the child’s best interests at any time (article 149), and it can change its directions on custody when the children’s interests require it (article 56).

If the other parent does not agree

If you want to move and the other parent does not agree, the proper step is to apply to the court before you go. The court looks at the children’s best interests, hears the parents, and hears the child if the child is fourteen or older (article 131). Moving without agreement or a court decision carries serious risks, described below.

When a move becomes wrongful removal

Under the Hague Convention on the Civil Aspects of International Child Abduction, which has the force of law in Malta, removing or keeping a child abroad is wrongful if it breaches rights of custody, under the law of the country where the child was habitually resident, that were actually being exercised. “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.

If a child is wrongfully removed, the court of the country the child has been taken to must order the child’s return forthwith if less than a year has passed since the removal, with limited exceptions. See international child abduction. Within the EU, Regulation (EU) 2019/1111 adds rules about which court decides the child’s future, and it expects return cases to be decided within six weeks.

If you are the parent who is staying

If you think your child may be taken abroad, or has been, please 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 that the other parent has not agreed to. We can explain what the court is likely to look at, the evidence it will want, and the risks of acting unilaterally.