The Ministry for Justice, Research and Innovation, together with the Ministry for Social Policy and the Family, on Tuesday published the Family Court Procedures Regulations 2026, along with the commencement notices and the related subsidiary legislation required to begin implementing the long awaited Family Court reform.
In a statement, the two ministries said that this represents an important step in the Government's commitment to creating a family justice system that is more child-centred, more accessible, more efficient, and more responsive to the needs of families.
“The reform introduces a new procedural framework designed to strike a legal balance between safeguarding the best interests of children, establishing the professional structures and roles necessary to guarantee a high-quality service, and introducing clearer procedures and timelines to improve the efficiency of family court proceedings,” the government said.
The commencement notice establishes 1 October 2026 as the date on which the majority of the Family Court Procedures Regulations 2026 and the Various Laws Related to the Establishment of the Family Court (Amendment) Act, 2026 will come into force. These provisions introduce substantial reforms to the way family proceedings are conducted, as detailed in today's edition of the Government Gazette.
“The new legislation places children at the centre of the family justice system by strengthening both their participation and their protection throughout family proceedings. It introduces clearer procedures and stronger safeguards to ensure that children's voices and their best interests are effectively represented,” the ministries said.
The Minister for Justice, Research and Innovation, Clifton Grima, said that this is not simply a change in the law.
"It is a change in the way we want family justice to operate: more humane, more accessible, and always built around the best interests of the child. The Government will continue building on this reform, having already started work on the next phase, which will focus on the Criminal Court dealing with family-related cases," said Minister Grima.
While the majority of the reform package will become operational on 1 October 2026, certain provisions will come into force at a later date. These provisions primarily concern aspects of the new framework that require additional implementation measures, including the full operation of certain specialised functions and support structures.
The Minister for Social Policy and the Family, Michael Falzon, stressed that the well-being of children is at the heart of this reform, with everything centred on ensuring the best care and protection for children whose parents are going through separation.
"We will now see this reform truly come to life and make a real difference for those involved in Family Court proceedings. We now have new and specific timeframes, clearer criteria relating to maintenance, equal parental responsibilities regarding access, among other measures," said Minister Falzon.
The Ministry for Justice is currently working actively to translate the first phase of the Family Court Reform into concrete and implementable actions. This includes the establishment of the Support Office, the transfer and strengthening of the Children's Advocate function, the recruitment and training of specialised professionals, the development of standard operating procedures, and the implementation of the structures required for the new framework to operate fully.
While work on implementation continues, the government said that attention has already shifted to the second phase of the Family Court Reform. "Building on the foundations established by the current legislation, the next phase will address additional aspects of family proceedings and further strengthen Malta's efforts to develop a family justice system that is more child-friendly, more efficient, and more people-centred for the benefit of all families."