The Government has launched the first phase of its Family Court reform following a public consultation process held in late 2024, setting out a comprehensive package of legal, procedural and structural changes aimed at improving outcomes for children and families.
The reform was presented during a press briefing on Monday addressed by Prime Minister Robert Abela, Minister for Justice Jonathan Attard and Minister for Social Policy Michael Falzon. During the briefing, it was explained that the changes will address long-standing challenges within the Family Court, including co-parenting arrangements, the manipulation of children in separation cases, persistent delays in proceedings and ongoing difficulties related to the failure to pay alimony.
Prime Minister Abela said the reform delivers on a key commitment made in the 2022 electoral manifesto and responds to the reality that family cases often take many years to conclude. He stressed that prolonged court proceedings can have a lasting negative impact on children, who are frequently exposed to conflict between their parents. According to the Prime Minister, the reform seeks to make the family justice system more efficient and humane, while ensuring that children's wellbeing and security are placed at the centre of legal decision-making.
Under the reform, the Family Court will no longer form part of the Civil Court but will become an autonomous and specialised court. It will be supported by its own administrative structures and housed in a new purpose-built building designed specifically for family-related proceedings. Prime Minister Abela said a dedicated court and appropriate infrastructure are essential to provide the protection and sensitivity required in cases involving families and minors.
Minister for Justice Jonathan Attard said the reform was shaped by extensive public consultation and direct engagement with families, professionals and stakeholders who have experience regarding the family justice system. He said that the changes seek to improve the entire legal process behind family legislation, from the initial mediation phase through to court decisions and enforcement, while ensuring greater clarity and consistency.
Attard outlined the mediation framework, explaining that at the start of mediation proceedings both parties will be required to submit an affidavit identifying their assets, debts and other financial holdings. This must be accompanied by a summary of their FS3 forms for the preceding three years, as well as proposals relating to the division of assets and arrangements for custody and access. He said these measures are intended to increase transparency and encourage more informed and timely agreements.
The reform establishes clear timelines at this stage of proceedings. A response must be submitted within a maximum of 20 days, while the mediation process is to consist of no more than six sessions spread across an eight-month period. This timeframe may be extended by a further four months where justified, but the intention is to prevent mediation from becoming unnecessarily prolonged.
The legal amendments also clarify the consequences of breaching court decrees during separation proceedings. Minister Attard said that where a party fails to comply with a court order, the other party may apply to the court for intervention. In such cases, the court will have the power to suspend or condition the rights of the party found to be in breach, particularly in cases of repeated non-compliance.
On the subject of alimony, Attard said the reform seeks to clarify the process and strengthen enforcement. Courts will be obliged to order alimony payments while taking into account the capacities and financial means of both parties. The court will also be required to specify which expenses are to be borne by which party in relation to health-related costs, education and extracurricular activities, reducing ambiguity and future disputes.
Access to children was another key issue addressed during the briefing. It was explained that access will now be treated as an obligation on both parents - not only on the parent granting access, but also on the parent entitled to exercise that access. Denying access without justification, or choosing not to make use of granted access, will both be treated as breaches of a court decree.
The reform introduces new criminal consequences in more serious cases. Should a parent refuse to grant access to the other parent, or fail to return a child at the agreed-upon time without a valid excuse, this behaviour will constitute a new criminal offence under the revised framework.
Minister for Social Policy Michael Falzon said the reform addresses one of the most sensitive areas of society and stressed that children are often the most vulnerable parties in family disputes. He emphasised the importance of clearer timeframes, a specialised court structure and stronger enforcement mechanisms in protecting children from prolonged exposure to conflict and manipulation.
The reform also directly addresses cases of intentional manipulation of children during separation proceedings. Where such manipulation is suspected, the court-appointed mediator will have the authority to report the matter to the court. The court may then take appropriate measures to safeguard the child's wellbeing and ensure that decisions are taken in the child's best interests.
The reform package includes amendments to the Civil Code, the Code of Organisation and Civil Procedure and the Criminal Code, alongside new subsidiary legislation aimed at clarifying procedures, definitions and enforcement mechanisms. These legal changes will be supported by administrative and infrastructural measures, including increased specialised human resources and the construction of the new Family Court building.
The proposed legislative amendments will now proceed through the parliamentary process, with the Government stating that the reform represents a fundamental shift in how family justice is administered, with the aim of delivering a more efficient, transparent and child-centred Family Court system.