MALTA Law and Practice Contributed by: Robert Thake, Robert Thake – Legal Office
the left-behind parent must submit supporting docu - mentation, including an affidavit and evidence demon - strating 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. 3.3 Hague Convention on the Civil Aspects of International Child Abduction 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 gen - eral rules of civil procedure, with the notable distinc - tion 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 par - ent is then given the opportunity to submit their own evidence. After both parties have fully presented their respective cases, the court grants them the opportu - nity 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 reten - tion. 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 differ - ent judges who are able to either confirm or overturn the decision of the Civil Court (Family Section). 3.4 Non-Hague Convention Countries There is no applicable information in this jurisdiction.
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