The Family Court Reform constitutes a pivotal step in the development of Malta's justice system, addressing longstanding inefficiencies and adapting the family‑law framework to the evolving realities of Maltese society. Decades of legislative amendments, increasing case volumes, and growing complexity in family disputes created an urgent need for a judicial structure capable of delivering justice that is timely, transparent, accessible, and genuinely centred on the welfare of children. This reform seeks not only to modernise procedure but also to instil a cultural shift in how family disputes are managed, prioritising resolution, accountability, and child protection at every stage.
The reform emerged from extensive public consultation throughout 2024, involving open meetings and stakeholder workshops, which revealed widespread concerns about transparency, delays, uneven access, and the absence of predictable timeframes for cases involving separation, custody, access, and maintenance. These consultations underscored the need for a dedicated judicial structure and clearer, more efficient processes. In response, the reform establishes a standalone Family Court with precise performance targets aimed at reducing case backlogs and eliminating the systemic prolongation of disputes.
A central pillar of the new system is the requirement for full disclosure of financial circumstances at the very outset of proceedings. Applicants initiating mediation must provide a detailed sworn statement listing all assets and liabilities within the community of acquests or residue, paraphernal property, jointly owned property, debts, and credits, together with the status of the matrimonial home. They must also submit FS3s or profit‑and‑loss statements covering the previous three years, as well as a without‑prejudice proposal on separation terms, custody arrangements, access schedules, maintenance, and the division of child‑related expenses including health, education, and extracurricular costs. Respondents face an identical obligation within a 20‑day window. This requirement applies equally to married and unmarried parents, ensuring uniformity, transparency, and fairness regardless of marital status. By compelling early and complete disclosure, the reform intends to build an environment where negotiations are grounded in fact rather than speculation or strategic withholding.
To further support a structured and accountable mediation process, the reform introduces mandatory timeframes for document submission and places new responsibilities on mediators. Mediators must request written justification for any absence from scheduled sessions and must inform the Court of non‑compliance. A newly established mediation coordinator will oversee the process, ensuring adherence to deadlines and improving administrative consistency. Parties who fail to comply with these obligations risk judicial intervention, including compulsory court appearances and adverse consideration during proceedings.
The reform also reinforces the Court's ability to intervene urgently when matters critical to children or vulnerable parties cannot wait for mediation. If unresolved issues arise, such as disputes on custody, residence, access, or maintenance, the Court must schedule a hearing within 20 days and issue a decree within 15. This mechanism prevents deadlock and enables the Court to protect children's interests swiftly while still promoting out‑of‑court settlement.
Compliance with court orders is a core theme running throughout the reform. Persistent breaches, particularly those relating to maintenance or access, will trigger mandatory hearings and may result in the suspension or modification of parental rights, without prejudice to criminal proceedings. Maintenance payments will now be deducted directly from salaries or paid through standing orders. When determining maintenance, the Court must evaluate the needs of the child alongside the means and earning capacity of each parent, ensuring decisions are clearly reasoned and equitable.
The reform's strongest emphasis lies in protecting children and elevating their voices within the justice system. Determinations on custody, residence, and co‑parenting must consider the equal responsibilities and rights of parents, the best interests of the child, and each family's specific circumstances. Courts must assess parental capacity and the demonstrated willingness of each parent to participate meaningfully in the child's upbringing. The Child Advocate's role is expanded to that of a guardian ad litem, empowered to provide independent legal assistance, represent the child's views, and make submissions grounded in their best interests.
Support persons, including court experts and therapists, may be tasked to assist in the process, offering assessments, recommendations, and therapeutic intervention where necessary. Importantly, the Court Agency will cover their fees, ensuring that children's protection does not depend on parental financial means. Court experts must deliver their reports within four months, extendable by two, while therapists maintain confidentiality and cannot be compelled to testify.
The reform also addresses situations involving domestic violence by empowering the Court to suspend mediation immediately and take protective action, including issuing protection orders. Conversely, false allegations will be referred to the police for investigation, reinforcing the importance of honesty and responsibility.
Finally, the creation of a Support Office represents an investment in the human side of justice. By providing tailored assistance to litigants, witnesses, and victims, it aims to foster a more compassionate and accessible justice system, improving public trust and strengthening the integrity of family law proceedings.
Dr Sharon Mizzi, a lawyer, a member of the Working Group on the Family Court reform