Strengthening family justice through reform

For years, families going through the justice system needed a process that is clearer, more sensitive, and better suited to the realities of modern family life.

The recently introduced family law reform is a direct response to that need. Developed during this legislature and shaped through extensive public consultation, the reform aims to provide clearer rights and responsibilities, stronger protections for vulnerable individuals, and a system that treats family matters with the care they deserve.

At the centre of this reform lies a simple principle: decisions should be taken efficiently while always placing the well-being of children first.

Family disputes often involve deep emotional strain and decisions that significantly affect children’s daily lives. There has long been recognition that these cases require a specialised approach. The reform addresses this by establishing an autonomous Family Court led by specialised judges, strengthening the role of child advocates, and introducing ‘Persuni ta’ Sostenn’ - professionals who will support the court both as experts and as therapeutic practitioners, helping families navigate difficult transitions.

A central element of the reform focuses on strengthening mediation. Although mediation has existed for years, it has sometimes lacked structure and consistency, resulting in unnecessary delays. Under the new framework, mediation will become more organised and purposeful. The mediator will schedule six mediation sessions within eight months, with the possibility of extending the process to 12 months when needed.

From the outset, both parties must fully disclose their financial circumstances, including assets, liabilities, and income from the previous three years. They must also submit proposals regarding custody, access, and maintenance. This level of transparency is intended to minimise delays and, to the greatest extent possible, prevent disputes that may be prolonged due to missing information.

Another significant development is the formal introduction of co-parenting as a legal principle. Hereby, access is recognised as a shared responsibility, rather than a right exercised by one parent alone. The objective is to support healthy and meaningful relationships between children and both their parents, wherever this is possible. When court orders are not respected, clearer and more effective enforcement mechanisms will now be available.

The reform also enhances protection for children and individuals at risk of domestic violence. Where safety concerns arise, mediation can be suspended immediately, with professional support introduced without delay. The courts will now be better equipped to identify cases involving intentional manipulation, ensuring that protective systems remain fair and balanced.

Justice should never feel cold or distant- Jonathan Attard

If mediation does not result in an agreement, court proceedings will follow strict timelines. Once authorised, parties will have two months to file their case and six months each to present their evidence. Maintenance decisions must be clearly justified and, to ensure timely payment, are to be implemented through practical measures such as salary deductions or standing bank orders.

Overall, this reform introduces a more structured and responsive family justice system. It prioritises children’s welfare, promotes fairness between parents, and reflects the realities families face. Recognising that families and their challenges continue to evolve, an Advisory Committee for Family Justice will also be established to ensure ongoing review and improvement.

Over recent years, we have made steady progress in modernising various parts of the justice system, from the way inquiries are conducted to the introduction of specialised courts. The work currently taking place in family justice represents part of a wider transformation. For far too long, change in this area moved at a slow pace. Many people felt that while their own lives and challenges were constantly evolving, the system that meant to support them, remained stuck.

Attention is not only being given to laws and procedures, but also to the investment of human resources and the actual spaces in which people experience justice.

The decision to prepare a dedicated building close to the main courts is more than just an administrative step. It shows an understanding that family-related cases arise during some of the most sensitive and emotionally significant periods in individuals’ lives. At those times, dignity, privacy, and a sense of safety is important as much as the legal process itself is.

Justice should never feel cold or distant. It should be a space that truly cares about people, their voices, their well-being, and their everyday realities.

What’s encouraging is that this shift in mindset is being noticed beyond Malta. International assessments, like the recent IMF report, have pointed to a renewed sense of momentum, an acknowledgement that the justice system is moving with greater purpose and direction.

What matters now is the determination to keep moving forward, to sustain this pace, remain open to improvement, and continue to strengthen the justice system in ways that genuinely make a difference to the people who rely on it.

Jonathan Attard is Minister for Justice and Reform of the Construction Sector.