The government has launched a public consultation on a nine-point plan to reform the Family Court in order to reduce the heavy caseload and expedite proceedings.  

One of the central proposals is the setting up of Family Boards to streamline cases and reduce unnecessary litigation. The boards will assist in mediation and provide the courts with comprehensive reports to help expedite case resolution.

The reports, compiled by professionals from various fields, will focus on key issues such as custody, maintenance, and financial responsibilities and give the court a clear overview of the case, helping judges make better-informed decisions and saving time.

The government hopes that this streamlined approach will reduce the burden on the courts and ensure faster resolutions for families. 

“Family disputes can be emotionally intense, often resulting in decisions that need careful handling to ensure that the best interests of all parties, especially children, are prioritised,” Justice Minister Jonathan Attard said, adding that  these were the first major reforms of the Family Court in 22 years.

A government working group began research ahead of making proposals in January 2023.

The key proposals are:  

1. The establishment of Family Boards to oversee the mediation process.
2. A new Family Court Code that consolidates all family-related laws.
3. New terms for mediation to prevent unnecessary delays.
4. Emphasis on equal rights and responsibilities, co-parenting, and decisions in the best interest of children.
5. Guidelines for maintenance and access issues.
6. Creation of a Court Support Office consisting of professionals from different disciplines to assist individuals involved in family court cases.
7. Expanded support for victims of domestic violence.
8. Strengthened resources for family court professionals.
9. Streamlined procedures for the division of assets. 

With regard to maintenance the government is proposing that once a decision is taken, the maintenance amount will be automatically deducted from one party's salary, pension or other income and transferred to the other party. The process to date was not automatic, resulting in disputes.

The minister said wide-ranging consultations had been held and calls had also been made for greater recognition of the role of grandparents and the need for them too to be heard during separation proceedings.  

Social Welfare and Family Minister Michael Falzon underlined the importance of the reforms.

“The reforms are needed. They have been a long time coming. They cannot  cover all the circumstances of every possible case. Ultimately, no matter what we do, family dynamics cannot be codified.”

The consultation document in full can be seen by clicking the pdf link below.

Submissions on the proposed reforms can be submitted until November 11 by email at consultation.justice@gov.mt or through the online platform publicconsultation.gov.mt. Public meetings will also be held to encourage discussion and gather feedback.