Family court is changing, with the PM promising a fairer and faster system

The government has launched the first phase of the reform of Malta’s family court, pledging a system that is more accessible, efficient and centred on the best interests of children. 

The reform will introduce an autonomous family court, rather than one operating as a section within the civil court. The new structure will have specialised resources to deal with sensitive family matters with greater urgency and care. 

The reform also strengthens mediation, with the aim of helping couples reach agreements more quickly and reducing periods of uncertainty for families. 

Speaking at a press conference on Monday morning, Prime Minister Robert Abela said the reform marked a historic step for families, aimed at addressing long-standing shortcomings in family justice, including lengthy proceedings and the emotional toll placed on children. 

Abela said the reform was based on extensive consultation and feedback from parents, grandparents and professionals who had experienced the system first-hand. 

“In recent months we heard many experiences showing clearly that the current system did not always serve people adequately,” he said, referring to parents who were denied access to their children for years due to prolonged court processes, and grandparents who lost contact with grandchildren following family separations. 

He added that children, who should be most protected by the system, had at times been left carrying an unnecessary emotional burden. 

Clearer and more streamlined procedures are also being introduced to reduce delays: “Justice that takes too long is justice denied,” he said. 

Abela said children’s interests would be placed “truly at the centre” of every decision, alongside fair and balanced treatment of parents. 

He said enforcement of family court decisions would also be improved, so that orders on maintenance and access are no longer ignored. 

Abela described the reform as part of a wider package of measures aimed at families and children, citing the recent launch of a green paper on adolescents’ use of social media, tax cuts for families, and investment in community services and open spaces. 

He said the family court reform fulfilled an electoral pledge and opened “a new chapter” in how family justice is administered. 

'Fairer and more humane outcomes'

Social Policy and Children’s Rights Minister Michael Falzon said the reform was designed with children at its core, given the psychological pressure family cases place on those involved. 

He said the changes would make authorities more alert to intentional manipulation, introduce the appointment of a children’s lawyer even during mediation, and establish fixed timeframes for legal and mediation processes. 

“These reforms are intended to lessen the wounds that family separation brings,” Falzon said. 

Justice Minister Jonathan Attard said he had met many people over the years who described the difficulties they faced due to family disputes, experiences which underlined the need for reform. 

He said the changes would place the system in a better position to deliver fairer and more humane outcomes, with the best interests of the child guiding decisions in practice rather than in principle alone. 

The reform also establishes a clearer legal basis for co-parenting and strengthens protection in cases involving domestic violence and manipulation, Attard said. 

“Our aim is justice that is delivered on time, that safeguards the family, and that places children at the forefront of every decision,” he said.