A new chapter for family justice in Malta

This week marks an important turning point in how Malta understands and administers family justice.

The reform presented together with Prime Minister Robert Abela and Minister Michael Falzon is the product of sustained work since the start of this legislature, including a full public consultation. Every proposal and concern was examined seriously, and we remain grateful to all those who contribute their time and expertise to this vital sector.

Ultimately, our responsibility is to take decisions that balance different needs within the system while keeping the best interests of children and families at the centre. The reforms aim to strengthen the overall framework, enhance protection, and ensure a process that is efficient, sensitive, and accessible.

A central pillar of the reform is mediation. Although mediation is already required before separation or custody proceedings, it has too often been informal and vulnerable to delay. Under the new framework, parties must attend at least six mediation sessions within eight months, extendable to twelve where justified. Crucially, both parties must disclose their full financial position from the start assets, liabilities, and income over the past three years and submit their proposals on custody, access, and maintenance from day one.

This is a significant cultural shift. Early disclosure prevents cases from dragging on through piecemeal information or strategic delay, practices that have historically prolonged proceedings for years.

The reform also establishes co-parenting as a legal principle. Access is no longer a right claimed by one parent, but a shared obligation carried by both. Parents have both the right and the responsibility to maintain meaningful relationships with their children. For the first time, there will be real consequences when court decisions on access are ignored or abused. Parental responsibility does not end when a relationship does.

Equally transformative is the strengthened protection for children and survivors of domestic violence. Where there is risk, the system will be able to act immediately suspending mediation, appointing experts, and ensuring safety. At the same time, the courts are equipped to address manipulative behaviour, like parental alienation or false allegations swiftly and impartially. A system that protects must also guard against abuse.

Maintenance decisions will be reasoned, proportionate, and grounded in the children’s needs and each parent’s means. Courts will  order salary deductions or standing bank orders to prevent non-payment.

If mediation fails, litigation will proceed on strict timelines. Proceedings must be filed within two months, and evidence presented within six months by each side.

The creation of an autonomous Specialised Family Court, supported by specialised judges, the enhanced role of child advocates, persuni ta’ sostenn serving as state funded court experts and distinctively as therapeutic professionals, marks a fundamental cultural shift. Family cases are recognised not merely as legal files, but human stories requiring expertise and sensitivity.

This reform places children first, respects both parents equally, and builds a system capable of meeting the realities of modern family life.