Act VII of 2026, assented to on 27 March 2026, amends several Maltese laws — the Criminal Code (Cap. 9), the Code of Organization and Civil Procedure (Cap. 12), and the Civil Code (Cap. 16) — primarily to establish a dedicated Family Court as a distinct court within the Maltese judicial system and to make consequential amendments across these laws.

Part I (articles 2–4) amends the Criminal Code. Article 3 adds a new paragraph (nn) to article 338 of the Criminal Code, creating a new police offence (contravention) for a person who, when ordered by a court or bound by contract to have access to a child, fails to exercise such access, or fails to take into care or return the child at the ordered or agreed time, without just cause, unless the failure constitutes a more serious offence. Article 4 inserts a new article 338A into the Criminal Code, providing that multiple acts or omissions by the same offender at different times against the same victim, constituting violations of paragraphs (y), (z), (ll), or (nn) of article 338, shall be deemed a continuous offence for the purposes of article 18. It further provides that subsequent acts or omissions may, with court permission, be added to existing charges and treated as part of the same continuous offence.

Part II (articles 5–8) amends the Code of Organization and Civil Procedure. Article 6 inserts a new paragraph (aa) into article 3 of the Code, adding the 'Family Court' to the list of courts. Article 7 inserts a new article 32B establishing the Family Court: it shall be presided over by one judge and shall be assigned civil causes related to Titles I, II, and IV of Book First of the Civil Code (Cap. 16), the Maintenance Orders (Facilities for Enforcement) Ordinance (Cap. 48), the Maintenance Orders (Reciprocal Enforcement) Act (Cap. 242), the Marriage Act (Cap. 255), and the Child Abduction and Custody Act (Cap. 410). The Minister responsible for justice is empowered by regulations to substitute references to the 'Civil Court (Family Section)' with 'Family Court', to assign additional family-related causes to the Family Court, and to grant the Family Court jurisdiction over criminal contraventions related to civil law matters before it. All causes currently before the Civil Court (Family Section) shall be transferred to the Family Court on a date established by the Minister by order in the Gazette; Gozo jurisdiction shall continue to be fulfilled by the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section) unless otherwise provided by regulations. Article 8 inserts a new article 89A enabling the Minister by regulations to establish a 'Support Office' within the Courts Services Agency to provide assisted accessibility services, specialised support to vulnerable persons, and coordination of professional services for the Courts of Justice.

Part III (articles 9–12) amends the Civil Code. Article 10 inserts a new article 21A empowering the Minister responsible for justice to make regulations establishing the method of calculating maintenance due under Book First, subject to the requirement that the Minister first present such regulations before the Standing Committee on Family Affairs. Article 11 inserts a new article 47A, enabling a party who leaves the matrimonial home during pending separation proceedings (in accordance with article 46) to request court authorisation to withdraw reasonable relocation expenses from the community of acquests without the other party's consent, and to enter into a lease or temporary occupation agreement for an alternative residence without the other party's consent, subject to court conditions including conditions affecting eventual dissolution of the community of acquests. The court may only grant such authorisation if the departure and expenses are justified and proportionate, the funds come from assets in the possession of the requesting party, and the expenses benefit that party and, if applicable, their children. Article 12 substitutes sub-article (4) of article 55, providing that before ordering cessation of the community of acquests the court must consider prejudice to any party from such cessation as well as prejudice to the other party from the community's subsistence, and shall order cessation only where neither party would suffer disproportionate prejudice.

Commencement: Article 1(2) provides that the Act 'shall come into force on such date or dates as the Minister responsible for justice may, by notice in the Gazette establish, and different dates may be so established for different provisions and, or purposes of this Act.' The Act was passed by the House of Representatives on 25 March 2026 and assented to on 27 March 2026, but does not come into force automatically on publication.

The practical effect is significant for parties involved in family law proceedings, matrimonial disputes, maintenance, child custody and access matters. The creation of the Family Court as a standalone court (rather than a section of the Civil Court) is intended to consolidate and specialise family law adjudication. The new criminal offence under paragraph (nn) of article 338 targets persons who deliberately fail to exercise or facilitate court-ordered child access. The new article 47A provides financial protection for a separating spouse who must find alternative accommodation. The new article 21A and the amendment to article 55(4) introduce greater regulatory flexibility in maintenance calculation and clearer judicial guidance on cessation of community of acquests respectively.