MALTA Law and Practice Contributed by: Robert Thake, Robert Thake – Legal Office
with a child without the consent of the other parent, it will be considered to be an abduction. 2.2 Relocation Without Full Consent 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. 2.3 Application to a State Authority for Permission to Relocate a Child 2.3.1 Factors Determining an Application for Relocation The guiding principle in all cases concerning minor children is the paramountcy principle, which requires the court to determine what is in the best interests of the child. However, given the serious impact that the decision could have on the other parent, the rights of the parent who would be left behind would also be given significant weight. The court, therefore, must perform a balancing exercise between the rights of all those concerned. 2.3.2 Wishes and Feelings of the Child In the case of a contentious relocation intended to be determined by a court, the wishes of the child or chil - dren involved will be given due consideration depend - ing on their maturity. If the child voices mature reasons as to why they wish to relocate and demonstrate that they are aware of the practical and long-term implica - tions of the move, the child’s wishes and feelings will be given significant weight. 2.3.3 Age/Maturity of the Child The Maltese Civil Code sets the age of 14 as being the point at which a child can participate in decisions which concern them. However, children younger than 14 are frequently heard by courts either through a child psychologist or through a child advocate. Although the evolving capacities of the child principle is not formally recognised within the Maltese Civil Code, the rationale behind the principle, namely that the views of the child are given weight in proportion to their
maturity, is still considered when taking a decision on whether a child should be relocated or not. 2.3.4 Importance of Keeping Children Together Siblings are never separated unless there is a valid reason for their separation, such as an unhealthy or overtly violent relationship that cannot be repaired. In the event that a parent petitions a court for the relocation of one of other children, it is unlikely that the request will be upheld unless the relocation of the child is intended for that specific child to pursue edu - cation or training or medical support or care overseas. 2.3.5 Loss of Contact A move abroad will inevitably impact the left-behind parent. Unless the parent to be left behind is absent or wilfully disengaged from the life of the child/children, the loss of contact will be given serious consideration. If the reason for the relocation is very well motivated and evidently intended to serve the child rather than the parent requesting the relocation, the loss of con - tact argument is likely to be successful. 2.3.6 Which Reasons for Relocation Are Viewed Most Favourably? A person seeking the relocation of the child would first need to show that the move is beneficial to the child. If the move is sought in order to allow the child to pursue further or specialised education or training or to receive long-term medical support or care, it is likely that this would be looked upon sympathetically by the court. 2.3.7 Grounds for Opposition to Relocation Opposition along the lines that the relocation may interfere with or interrupt the child’s studies is likely to be a ground which the court would be sympathetic towards. The same applies to the severing of close relationships which the child would have in their coun - try of habitual residence. 2.3.8 Costs of an Application for Relocation The cost of bringing an application for relocation would depend on what the client agrees with the law - yer they engage, and the amount of work involved. Relocation cases are generally heavily litigated, given the potential serious and long-lasting implications on
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