Cross-border cases

Families do not always stay in one country. Couples marry abroad, move to Malta, have children in one place and live in another. When a family case crosses a border, new questions arise: which country’s court can decide, which country’s law applies, and whether a decision made in one place will be respected in another.

What this section covers

• Divorce for foreigners and expats. When a Maltese court can hear a divorce, whatever your nationality.
• Recognition of foreign divorces. When a divorce granted abroad counts in Malta.
• Brussels IIb. The EU rules on which country’s courts decide divorces and matters concerning children, and on recognition of decisions between EU countries.
• Moving abroad with children. What the law says when a parent wants to take a child to live in another country.
• International child abduction. What the 1980 Hague Convention does when a child is taken to, or kept in, another country without the agreement of the other parent.

Why timing matters

In cross-border cases, which court gets the case first can decide which country’s courts have the power to hear it. In EU cases, a second court must pause and wait while the first decides whether it has jurisdiction (Regulation (EU) 2019/1111, article 20). In cases involving children, the Hague Convention expects a quick response, and the passage of a year can change the legal position. If you think your case may cross a border, take advice before anyone starts a case in any country.

Getting advice

If your family or your property is spread across more than one country, we can help you work out which courts are likely to be involved and what to do first.