MALTA Law and Practice Contributed by: John Bonello and Elian Scicluna, 8Point Law
3.4 ADR in Child Law Matters The only compulsory ADR in family proceedings in Malta is the mediation process a couple must go through before filing for separation or divorce. If mediation is successful, an agreement is drawn up to regulate the matter being addressed and is presented to the court for approval. Once signed by the parties, it is binding and – unless there is a serious change in circumstances – unlikely to be modified by the court. In the context of financial matters, please see 2.9 ADR in Financial Matters . 3.5 Media Access and Transparency in Children Proceedings See 2.8 Media Access and Transparency in Financial Proceedings .
state did not abide by its positive obligation to protect the right to family life as established by Article 8 of the European Convention on Human Rights, as state authorities did not pursue all the necessary actions to reunite the applicant with his children. Aside from this case, the applicant had tried to seek effective redress through local remedies, but these failed to implement the required measures to protect consistent contact and the relationship between the applicant and the child. The court must ensure that any decision taken in the context of family matters is in the child’s best inter ‑ ests. When faced with allegations of parental aliena ‑ tion, the court may appoint experts to assess the situation. They will recommend the necessary action to prevent escalation and to rebuild the relationship between the child and the rejected parent. A public agency supports families in these situations.
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