Public consultation on Family Court reform launched

Government has launched a public consultation on reforming the Family Court in order to address a wide range of issues such as the court’s increasing caseload. 

On Monday, it was stated that the upcoming consultation process is designed to gather a wide range of perspectives, ensuring that the voices of all stakeholders are heard.

Justice minister Jonathan Attard explained that the experiences of people they engaged with have served as the foundation of the work over the past few months. He highlighted that the aim of the reform is to address realities that 

“We need more specialisation to help families reach just resolutions with procedures that aren’t overly complicated or lengthy, with a focus on prioritising the best interests and needs of children,” Attard added.

This first phase of the reform will pave the way for further changes, including the establishment of a specialised Family Court, rather than it being a section within the Civil Court, as is currently the case.

The key themes framing these proposals include:

The re-establishment of the Family Court with a Family Code consolidating all family laws.

• The creation of a Family Board that plays an important role in the mediation process to facilitate judicial proceedings
• New terms for the mediation process to avoid unnecessary delays
• Equal rights and responsibilities, co-parenting, and decisions made in the best interests of the child
• Addressing issues related to access and child support during court proceedings
• Establishment of a Support Office in the Court composed of professionals from various disciplines to assist individuals involved in Family Court proceedings
• Support for victims of domestic violence
• Strengthening resources for professionals working in this field
• Facilitating the dissolution of communal assets

Meanwhile, family minister Michael Falzon stated that the proposed changes  are being made to strengthen the legal system and ensure that no child is deprived of a relationship with either parent. 

“As a government, we are aware of the various realities that challenge family stability. We have chosen to introduce these changes because for us, the family remains a priority and the most important aspect."

Those wishing to make submissions can do so between 30 September and 11 November, 2024. During this period, a number of activities will be organised for the general public, stakeholders in the sector, and professionals involved.

Submissions can be made via email at [email protected] or through the online consultation platform at publicconsultation.gov.mt.