Care, custody and access
Maltese practice distinguishes between care and custody, which concerns who makes decisions about a child’s upbringing, and access, which concerns the time a child spends with each parent. The two are settled together, whether by agreement or by the Family Court.
Joint custody is common, but it is not automatic, and it does not resolve by itself where the child lives or how holidays and schooling are handled. Those details are where arrangements succeed or fail in practice, and they are worth getting right in the agreement rather than revisiting every few months.
Representing the child’s interests
Where a Children’s Advocate is appointed, their role is to represent the best interests of the minor and to ensure the child’s voice is actually heard rather than assumed. Dr Sandra Sladden has held that appointment since 2020, and that experience shapes how the firm approaches every matter involving children.
What arrangements usually cover
- Who holds care and custody, and whether it is joint or sole
- Where the child resides, and the access schedule for the other parent
- Holidays, school terms and special occasions
- Schooling, medical decisions and travel consent
- Maintenance for the child
- How the arrangement can be varied as the child grows
When arrangements break down
Circumstances change: a parent relocates, a schedule stops working, or access is obstructed. Arrangements can be varied, and we advise on whether a variation is realistically achievable before proceedings are commenced. Where access is being frustrated, acting early matters, because patterns established over months become harder to unwind.
Common questions
- Is custody automatically shared between parents in Malta?
- Joint custody is common but not automatic. The Family Court decides on the best interests of the child, and where parents agree terms, those terms are ordinarily reflected in the separation deed.
- Can a custody arrangement be changed later?
- Yes. Arrangements can be varied where circumstances change materially. We advise on the prospects before proceedings are started.
- What happens if the other parent refuses access?
- There are remedies, and it is important to act promptly rather than allowing a pattern to establish itself. Contact us as soon as access is being obstructed.