The Ministry of Justice is aware of the challenges many families face within the existing legal framework, particularly in family-related matters. Since the beginning of this legislature, I have had the privilege of meeting numerous individuals who have courageously shared their personal stories. Their experiences – marked by pain, frustration and sometimes prolonged legal battles – have shaped the direction of the much-needed reforms currently being drafted for Malta’s Family Court system.
These stories have not gone unheard. In fact, they have been the foundation of a multidisciplinary team’s work, which has led us to the first set of recommendations presented for public consultation. Our objective is to mitigate the distress caused by family legal disputes and transform the feedback and recommendations made over the years by various organisations into tangible legislative changes.
The reform we propose is not only long overdue but also seeks to address realities that have remained unchanged for more than two decades. The last significant attempt to reform Malta’s Family Court system took place 22 years ago. Since then, family dynamics have evolved, but the legal system has lagged behind. As a government, we are now committed to bringing our Family Court system in line with the needs of modern Maltese society.
Careful steps towards change
I want to be clear: we are not rushing into this reform. Family law is a sensitive area that triggers intense emotions, and it is crucial to strike the right balance. In the public consultation that has begun, we hope the discussions will remain
objective and avoid extreme positions. We want these changes to be based on fairness and logic, rather than generalised assumptions or individual cases that do not reflect the broader reality.
Family disputes, as we all know, are emotionally charged, and the current Family Court system may not always provide the timely and sensitive support required by families. Prolonged legal battles add unnecessary stress, especially when children are involved. The aim of this reform is to offer a more efficient legal framework, one that reduces the length and complexity of court proceedings and prioritises the well-being of families, particularly the children.
A reform focused on the best interests of children
At the heart of this reform is a renewed emphasis on placing children’s interests at the forefront of all family-related legal proceedings. The current system often results in long delays, causing uncertainty and additional stress for families. Our goal is to introduce a more specialised, streamlined process that helps families resolve disputes more efficiently and fairly.
In this context, we are proposing two key changes: the introduction of stricter timeframes for mediation and the establishment of a Family Board. Mediation has proven to be an essential tool for resolving family disputes outside of court, but in various cases, it drags on for over a year. Our proposal aims to shorten the mediation process, ensuring that unresolved cases are promptly referred to the Family Court, where they can be handled more efficiently.
The role of the Family Board
The Family Board is another significant part of this reform. Comprising legal experts, psychologists and social workers, the board will assist the court in assessing complex cases, particularly those where mediation has failed or where there are contentious issues. This interdisciplinary approach ensures that cases are evaluated from various perspectives, leading to more informed and balanced decisions.
The Family Board will also play a crucial role in streamlining the process by requiring both parties to submit detailed documents about issues such as child custody, maintenance and access arrangements. This will help accelerate the mediation process and allow the court to focus on the most critical matters, ensuring that the best interests of the child are always prioritised.
Moving beyond procedures: The role of a support office
Beyond legal and procedural changes, the reform also proposes the establishment of a support office within the Agency for Court Services. This office will coordinate the hiring of professionals, such as psychiatrists, psychologists, therapists, and social workers, to support individuals during the legal process. Family disputes often bring emotional strain, and it is vital that those involved have access to the psychological and emotional help they may need.
Justice is not only about legal outcomes but also about the well-being of those going through the system- Jonathan Attard
This initiative underscores our belief that justice is not only about legal outcomes but also about the well-being of those going through the system. The creation of support coordinators, who will facilitate communication between families, the Family Board and the court, is a step towards making the entire process more humane, efficient and less burdensome.
Enhancing co-parenting and grandparental roles
Family relationships do not end at separation or divorce, particularly when children are involved. As part of this reform, we are looking to strengthen co-parenting arrangements and ensure that decisions are made in the best interests of the child.
Additionally, we are considering the role of extended family members, such as grandparents, who often play a significant part in a child’s upbringing. Their involvement should be regulated and respected, ensuring that children maintain strong family bonds, even after the parents’ relationship has ended.
Specialisation across the justice system
The creation of a specialised Family Court is part of a broader government policy towards specialisation within the judiciary. As Prime Minister Robert Abela recently announced, we will soon be presenting a bill to establish a Commercial Court, and this reform builds on that initiative. Specialisation allows for greater efficiency, as judges and legal practitioners can focus on their areas of expertise, leading to quicker resolutions and more consistent rulings.
Public participation in the consultation process
This reform represents only the first phase of a comprehensive effort to modernise Malta’s family law framework. I invite everyone who has an interest in the subject to participate in the public consultation process. We have published a detailed document outlining our proposals and posing several key questions for public consideration. It is crucial that we hear from as many people as possible – those with experience in family disputes, legal experts and members of the public alike – so that we can ensure the final legislation reflects the realities and needs of modern families.
I would like to thank the technical team who worked tirelessly on this first phase, as well as the many professionals who contributed their expertise. Together, we are working towards a more efficient and fair Family Court system, one that values not only the speed of justice but also its quality and humanity.
Let us ensure that this reform is a step towards a better, fairer system for all Maltese families, one that truly reflects the spirit of ‘Malta Flimkien’ and places the well-being of children and families at its core.
Jonathan Attard is Minister for Justice and Reform of the Construction Sector.