Child Relocation 2025 Comparisons

In Malta, a parent’s decision-making power stems from the institute of “parental authority” or “parental responsibility.” According to Section 131 of the Maltese Civil Code, a child is subject to the authority of their parents for all effects established by law. Except in cases provided for by law, such as in cases of a medical emergency, this authority is exercised jointly by both parents. Following the death of one parent, the surviving parent assumes full authority. In the event of a disagreement between the parents on matters of particular importance, either parent may apply to the appropriate court as prescribed by law, requesting directions deemed appropriate to the circumstances.

Parental rights in Malta are vested in a parent simply by virtue of their parenthood. In the case of the mother, the mother is always deeded to be certain (mater semper certa est) and as such her rights of parental responsibility are immediate and automatic.

The parental rights of a father differ depending on whether he is married to the mother who gave birth to the child or not. If the parents are married, he is deemed to be the father of the child automatically and is vested with parental rights as a result thereof. If the parents are unmarried, the father would need to be registered as the father of the child since his recognition as being the father is not presumed as it is in the case of marriage. Once registered as such, the father would enjoy rights of parental authority over the child.

Under Maltese law, non-genetic parents are recognised limitedly through the institute of in loco parentis. In this latter case, the spouse of a child’s parent may enjoy rights and obligations over the person of a child by reason of their marriage to the parent of that child but on when the other parent of that child shall have, at any time before or during the marriage, died or been declared as an absentee.

A judgment handed down recently, however, has recognised the right of non-genetic “parents” to request access to a child who they would have helped to raise during their relationship (not marriage). The judgment was handed down by the Civil Court (Family Section) but was not appealed, meaning that the Court of Appeal has not as yet had the opportunity to pronounce itself on this point.

Marriage has a legal impact on parental responsibility only in so far as the father is concerned. A married father is deemed to be the parent of the child given birth to by his wife (pater est quem nuptiae demonstrant). In this latter case, the father is registered as the father of the child automatically. On the other hand, if a mother and a father are not married, the father would not automatically be registered as the father of the child. Once registered, the father would enjoy rights of parental authority over the child.

The mother of a child is always considered to be the mother (mater semper certa est) and her rights of parental responsibility are immediate and automatic.

Individuals in same-sex relationships acquire parental responsibility as soon as they are legally recognised as the child’s parents, on the same basis as any other parents.

In the case of adoption, once the adoptive parents adopt their child, they are deemed to have obtained parental responsibility over that child without the need for any additional procedure or formality.

Section 131(2) of the Maltese Civil Code makes it clear that, save those cases established by law, all aspects of parental authority are to be exercised by the common accord of both parents. This includes the relocation of common children. If one parent relocates with a child without the consent of the other parent, it will be considered to be an abduction.

In case of disagreement between the parents as to whether the relocation of a child can take place or not, neither parent would be able to act unilaterally and without the consent of the other. If the disagreement persists, the matter will need to be referred to the Civil Court (Family Section). The decision of the Civil Court (Family Section) would be subject to appeal and deemed final once decided by the Court of Appeal.

Malta is an archipelago of three main islands, of which two are inhabited. Malta covers an area of 246 square kilometres, whereas Gozo covers an area of 67 square kilometres. Moving from one city to another or even from one island to another is not considered relocation, despite potentially causing an inconvenience to the other parent exercising access.

The unilateral removal of a child from Malta, without the consent of the other parent, is forbidden under civil law (Section 131 of the Maltese Civil Code), and is illegal in so far as it is punishable under criminal law in very limited circumstances.

Section 89A of the Maltese Criminal Code states that anyone who removes from Malta or retains abroad, a minor under the age of 16 years in breach of an order given by the Maltese court, or in breach of a care order issued by a competent authority in accordance with the Minor Protection (Alternative Care) Act, shall, on conviction, be liable to imprisonment from 13 months to three years.

The law goes on to specify that “removal from Malta” means the removal from Malta of a minor, even by deceit or fraud, and even by a person having parental authority over the minor, in breach of a court order or care order. Similarly, “retain” means the retention outside Malta for a period of more than three days of a minor, even by deceit or fraud, and even by a person having parental authority over the minor, in breach of a court order or care order.

Although the law offers a remedy to the left-behind parent, its effectiveness is limited in the absence of a court order. As a result, the law lacks any deterrent effect before judicial proceedings are initiated, allowing an individual who abducts a child prior to court involvement to avoid prosecution altogether.

If a child is removed from Malta without the necessary consent, the course of action would depend on whether the country to which the child has been taken is a signatory to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the “Hague Convention”).

If the child is taken to a country that is not a signatory state, the options available to the left-behind parent are very limited. The left-behind parent could either initiate custody proceedings in Malta and attempt to enforce the eventual judgment in the country where the child has been taken, or initiate equivalent proceedings in that country. Neither option is generally considered particularly desirable or effective.

On the other hand, if the country where the child is taken is a signatory to the Hague Convention, the left-behind parent should immediately contact a lawyer specialising in child abduction in order to initiate proceedings through the local Central Authority. The Central Authority will provide the left-behind parent with a form requesting essential information about the taking parent, the child, and the left-behind parent, as well as any known details regarding the child’s likely whereabouts in the destination country. In addition, the left-behind parent must submit supporting documentation, including an affidavit and evidence demonstrating that they hold and actively exercise custody rights over the child.

Once the form is filled in and submitted, and the child is located, the Maltese Central Authority will act as an intermediary between the foreign Central Authority and the left-behind parent until the proceedings are initiated in the country to which the child.

Malta has been a signatory to the Hague Convention since the year 2000. During this time, there have been a steady number of abductions to Malta, the majority of which end in a successful return order.

In the event that a child is illegally removed to, or retained in, Malta, the Central Authority would initiate proceedings on behalf of the left-behind parent at no cost to them. Due Malta’s small size, locating the child is often not difficult, and there have been a number of occasions when a left-behind parent files for the return of their child not through the Maltese Central Authority but rather personally and through their own privately engaged legal representative at a cost agreed upon between the client and their lawyer.

The competent court to determine whether a child has been illegally removed to, or retained in, Malta is the Civil Court (Family Section), which is presided over by a single judge. These proceedings are meant to be completed within six weeks; however, most cases generally take between four to five months, depending on the complexity of the matter.

The procedure in abduction cases follows the general rules of civil procedure, with the notable distinction that the inherent urgency typical of child-related matters is expressly emphasised. The process begins with the applicant presenting their evidence. Once the applicant has concluded their case, the taking parent is then given the opportunity to submit their own evidence. After both parties have fully presented their respective cases, the court grants them the opportunity to make submissions ‒ either orally or in writing ‒ before adjourning the matter for judgment.

The central issue for determination is whether the child was removed from, or retained outside of, their habitual residence by one parent without the consent of the other. While the term “habitual residence” is not explicitly defined in domestic legislation, it has been interpreted by local courts to refer to the country in which the child has their centre of interests. This is typically established through evidence demonstrating that the child has roots in a particular country ‒ such as having received education, medical care, and other forms of integration there prior to the removal or retention.

Decisions taken by the Civil Court (Family Section) are subject to appeal in the Court of Appeal (Superior Jurisdiction), with the difference that the time granted to appeal is significantly shortened. In the event of an appeal, the matter will be reconsidered by three different judges who are able to either confirm or overturn the decision of the Civil Court (Family Section).

There is no applicable information in this jurisdiction.