When a married couple has children, the parental responsibility belongs to both parents. In case of divorce, the child custody will be established in the court, which will recognize, regardless if the custody will be single or shared, that the children should have a personal relationship and contact with both parents. Still, each country has a separate legislation on this matter and you can consult our law firm in Malta for more information.
Until few years ago, divorce in Malta was not legal. In May 2011, the Maltese government organized a referendum upon the matter of divorce and 53% of the population has decided that divorce should be legally approved. Our Maltese lawyers can present the social background of this law, if you are interested to find out more details.
Issues decided in the Maltese Court
The parents must conclude in Court on several issues, which after the trial should be respected as decided:
• child custody (single or shared),
• child care
• visitation rights,
• child support
• residence of the child,
• alimony is paid to the spouse who has the custody by the other parent, under the provisions of a public deed of separation or under the court’s decree. Our Maltese lawyers can offer more details on how this procedure is performed.
According to the Maltese Family Law, both parents are obliged to take care of the child, until he or she reached the age when is no longer considered a minor.
Deciding the child custody in Malta
During the divorce, the custody of the children resulted in the marriage will be handled either by a mediator, either by a judge. If you opt for a mediator, you should know that the Maltese government does not impose a tax, as long as both parents respect the appointments established by the mediator.
If the parents can’t reach to a conclusion on the custody, the case will be resolved in a Maltese Court, where it will be determined, in the child’s best interest, what type of custody should be given and to which parent.
During the trial, social workers will subject the parents to investigations, but also other members of the family and persons who have a close relationship with the child (teachers, for example). Our lawyers in Malta can present to you the detailed procedure for this situation.
If the parents live in different states and they decide to get a divorce, the law states that the Court responsible for the handling the case is the one in the country where the child usually lives.
If you need more information on child custody in Malta, please contact our Maltese lawyers, who can offer you legal representation on this matter.