Government launches Family Court reform

Government has unveiled its Family Court reform after its public consultation in late 2024.

Through the reform, the Family Court will no longer form part of the Civil Court, but will become an autonomous court with a new building.

During a press briefing on Monday, it was explained that the reform, which is the first major reform in 22 years, will tackle phenomena such as co-parenting, the manipulation of children in separation cases, and address present issues on failure to pay alimony.

The changes seek to improve the entire legal process behind legislation. 

At the start of the process, when mediation proceedings kick off, both parties will be required to present an affidavit to identify their assets, debts, and other financial holdings. They will also be required to submit a summary of their FS3 for the preceding three years, and proposals for the division of assets and custody.

The reform establishes that a response is to be given by no later than 20 days, and the mediation process should last no more than six sessions across an eight-month period, which can be extended by four months.

The legal changes will make it clear that should any party break court decrees during the separation process, their partner can request the court to address this, and the party in the wrong can have his rights suspended or conditioned by the court.

On the subject of alimony, the reform seeks to clarify the process. The court will be obliged to order alimony payment while considering the parties’ capacities and means.

The court will also clarify what should be paid by which party in the case of health issues, and expenses related to education and extracurricular activities.

It was further explained that access to children will now be treated as an obligation both for the parent granting access, and the parent being granted access to the children. If the children's access is denied, or if a parent chooses not to use their access, each case will be treated as breaking a court decree.

Should a parent refuse to grant access to the other parent, or if a parent doesn’t return the child at the agreed-upon time without a valid excuse, it will be treated as a new criminal offence. 

In cases of intentional child manipulation, the court-appointed mediator will have the power to report any suspected manipulation to the court.