Building a better future for families through family law reform | Michael Falzon

Our children deserve better. Our families deserve better. And we, as a government, cannot and will not allow outdated laws to stand in the way of society’s well-being.

I understand the emotional toll, the legal disputes and frustrations that come with navigating outdated systems that fail to serve the best interests of children and parents alike. But understanding alone is not enough. Families deserve action, decisive and meaningful reforms that provide real solutions, not just sympathy.

I truly believe that families are the cornerstone of our society. Families come in many forms, but they all share the same need for support, fairness, and stability, especially in difficult times. Laws, untouched for over two decades, are no longer fit for the realities of today’s families, which is why, we are embarking on a critical reform of our Family Court system.

For too long, family-related matters have been treated as an extension of the Civil Court, resulting in delays and outcomes that do not adequately prioritise children. This reformed court will ensure a more efficient and sensitive handling of family disputes, particularly in cases of separation, custody, and maintenance.

As minister, I have personally witnessed the damaging effects of parental alienation on children. It is deeply troubling to see children lose out on the love and guidance of one parent due to conflict between adults. We cannot allow outdated legal structures to perpetuate this harm. To address this, the government is introducing legal reinforcement (EMP113) to recognise the dangers of parental alienation, ensuring that children are not separated from any parent without a just cause.

The concept of a children's lawyer is also being developed, ensuring that minors have legal representation throughout court proceedings.

But reform is not only about changing laws. It is about understanding the full scope of support families need. This is why we are establishing a Family Support Office, made up of professionals such as psychologists, social workers, and child welfare experts.

Families going through separation or custody battles often need more than just legal advice; they need emotional and psychological guidance to help navigate these challenges. The Family Support Office will ensure that families receive the care and assistance they need throughout the legal process.

For too long, families have been subjected to prolonged legal battles, which aggravate conflict and leave children in uncertain situations. By binding the court to a clear timeline, we ensure that justice is delivered swiftly, and the best interests of children are upheld without unnecessary delays.

We are also fully committed to strengthen mediation processes in Family Courts, intending to reduce the time it takes to reach fair outcomes. A complete review of the procedure will be conducted, ensuring that no party can unnecessarily prolong the legal process. The goal is clear: to provide effective, efficient, and optimal justice for the families involved, with children’s well-being as the top priority.

As a government, we also recognise the need for financial fairness. Maintenance payments are often a source of conflict, with many parents struggling to receive what their children are entitled to. To address this, we are introducing automatic wage deductions for maintenance payments, ensuring that children’s financial needs are met consistently. Furthermore, the process for dissolving assets after separation will be fast-tracked, allowing families to move on without unnecessary delays.

These reforms represent a significant shift in how we approach family law in Malta. They are not just about fixing an outdated, broken system; they are about ensuring that the system works for families, not against them. I believe that we owe it to our children to make these changes now.

This is not just a legal issue; it is a moral one, and as a government, we cannot stand by while outdated processes continue to harm our society. I am confident that this reform will modernise our Family Court system.

I encourage everyone, parents, professionals, and the public, to engage in the ongoing public consultation. Your input is essential in shaping a system that truly serves the best interests of all families.