The Government this past week 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.
It is an important reform which seeks to address one of the much more sensitive areas of the country's legal framework. Cases that the Family Court have to deal with are among the most personal and the ones which require the most discretion and sensitive attention.
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.
A dedicated court and appropriate infrastructure are essential when it comes to providing the people involved in cases with protection, privacy, and sensitivity - something particularly important as cases can involve parents 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.
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.
This is a reform which brings not just clarity to the Family Courts, but also privacy and more timeliness with which cases will be handled. This only improves the framework of justice that this country offers.
It is an important reform which seeks to address one of the much more sensitive areas of the country's legal framework. Cases that the Family Court have to deal with are among the most personal and the ones which require the most discretion and sensitive attention.
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.
A dedicated court and appropriate infrastructure are essential when it comes to providing the people involved in cases with protection, privacy, and sensitivity - something particularly important as cases can involve parents 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.
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.
This is a reform which brings not just clarity to the Family Courts, but also privacy and more timeliness with which cases will be handled. This only improves the framework of justice that this country offers.