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Child Custody and Access Rights

Separation, shared custody, maintenance for children

When parents separate in Malta, the court always prioritises the best interests of the child. Here is how custody, access and maintenance work.

1. The legal standard — best interests of the child

   In all custody and access decisions, Maltese courts apply the best interests of the child as the primary consideration. This includes: the child's physical, emotional and educational needs; the quality of each parent's relationship with the child; the child's own wishes (taken into account based on age and maturity); the ability of each parent to provide stability; and the importance of maintaining contact with both parents.

2. Types of custody in Malta

   Joint custody (shared parental authority): both parents share decisions about the child's life — education, medical care, religion, residence. This is the default and strongly preferred by Maltese courts. Sole custody: one parent has full authority — rare, only where the other parent is absent, abusive or otherwise unable to care for the child. Residence/contact: separate from custody — who the child lives with and when they see the other parent.

3. Try mediation first — it is faster and better for children

   The Family Mediation Centre (FMC) offers free mediation for separating parents. Mediation typically produces better outcomes for children as parents agree on arrangements themselves rather than having them imposed by a court. Before filing for separation or divorce, you must attempt mediation. The FMC is at the Dar l-Omm building in Valletta — call 2122 7025 or visit justiceservices.gov.mt.

4. Apply to the Family Court for a custody order

   If mediation fails or there is urgency (e.g. one parent has taken the child or there is a risk of harm), apply to the Family Court section of the Civil Court. Your lawyer will file an application for interim and final orders on custody, access and residence. The court can issue urgent interim orders within days if there is a genuine emergency.

5. Child maintenance — how it is calculated

   Both parents are legally obliged to financially support their children regardless of custody arrangements. Child maintenance is set by the court based on: the child's needs and standard of living; each parent's income and financial means; time the child spends with each parent. Maintenance is typically paid monthly by the non-resident parent. The amount can be varied if circumstances change significantly.

6. Enforcement if the other parent does not comply

   If the other parent ignores a custody order (e.g. refuses to return the child after access, or blocks your access), report to the police and apply urgently to the Family Court. The court can hold a parent in contempt and order enforcement. If child maintenance is not paid, apply for a Garnishee Order attaching the other parent's wages or bank account.

7. International child abduction — urgent action needed

   If a parent takes a child abroad without consent, Malta is a signatory to the 1980 Hague Convention on International Child Abduction. Apply immediately to the Central Authority (Attorney General's office) who will coordinate with the equivalent authority in the other country to have the child returned. Time is critical — act within hours, not days. Contact a lawyer specialising in family law immediately.