MALTA Law and Practice Contributed by: John Bonello and Elian Scicluna, 8Point Law
for instance, the court will not ordinarily favour - ably consider a living arrangement that does not provide for a certain degree of stability and rou - tine for the child. Children’s matters in Malta are typically grouped under three categories, as follows. Care and Custody Normally, the parents agree that care and cus - tody is to be shared, subject to an express agreement as to the residence of the child. In contentious situations, the court will only deprive a parent of care and custody if there are circum - stances that warrant such action. Where adverse indications arise, social work - ers will be asked to intervene and carry out their assessments. In the unlikely event that care and custody is vested in one parent to the exclusion of the other, certain matters will still require the consent of the other parent. These include mat - ters relating to access or to the removal of the child to another country. Visitation Rights Visitation rights are afforded in a way that tries to eliminate disruptions to the child’s schedule. Non-observation of visitation rights undoubtedly results in hardship on the other parent at the expense of the child and, in view of this, action may be taken if a court-sanctioned schedule is not followed. Child Support and Maintenance Generally speaking, and in accordance with Article 157 of the Maltese Civil Code, parents are obliged to maintain their children until the age of majority (ie, when the child reaches the age of 18). Maintenance encompasses neces - sities such as food, clothing, health, habitation, and child-related expenses for health and edu -
cation. The amount of maintenance payable to the primary caregiver is determined based on the claimant’s needs and the financial capacity of the person responsible for providing main - tenance. When evaluating a claimant’s ability to contribute to maintenance, consideration is given to their income. Assets owned by the claimant, both movable and immovable, are also taken into account. In 2011, amendments to the Maltese Civil Code established that parents are obliged to continue offering sufficient maintenance for their children (depending on their means) until the children reach the age of 23 if the children are in full-time education or training. Likewise, maintenance obligations do not cease if a child has a mental or physical disability recognised at law. Court orders in relation to child maintenance Maintenance orders are enforceable by law and failure to pay maintenance is considered a breach that affects public order. Specifically, Article 338(z) of the Maltese Criminal Code stipu - lates that anyone who fails to pay maintenance as ordered by a court or as agreed in a contract, within 15 days following the due date, will be guilty of a contravention against public order. In cases of repeated offences, the person will be liable for a punishment of detention not exceed - ing three months or imprisonment for a term not exceeding two months. In instances where the individual responsible for paying maintenance encounters legitimate difficulties that prevent them from fulfilling their obligations, ceasing payments unilaterally is not permitted. To avoid penalties under Article 338(z) of the Maltese Criminal Code, they must apply to court to either reduce the payment amount or be relieved of the obligation entirely.
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