MALTA Law and Practice Contributed by: John Bonello and Elian Scicluna, 8Point Law
Can children apply for financial provisions themselves? Under Maltese law, a “child” is defined as an individual who has not yet reached the age of 18. Minors are subject to parental authority, with parents representing their children in all civil matters. However, parental authority may cease under certain circumstances – for exam - ple, when the child marries, when the child is emancipated to engage in trade, or when a par - ent consents to the child being allowed to sue or be sued. While parents generally represent their minor children in civil proceedings, situations may arise where a conflict of interest exists due to personal stakes of the parents. In such cases, the court may appoint a curator to act on behalf of the child. This situation is likely to arise if, for example, a minor seeks to initiate proceedings against a parent for maintenance. The court is expected to assess whether the parent’s inten - tions conflict with the child’s interests, either on the court’s own initiative (ex officio) or based on a request from the minor or any interested party (eg, a social worker). If a parent with parental authority is unable or unwilling to represent the child or grant consent for the child to initiate legal action, the court of voluntary jurisdiction can grant the neces - sary authority, enabling the minor to apply to the court. This power is only granted in circum - stances where the court deems it appropriate. Thus, a child has the right to pursue mainte - nance from the parent responsible for provid - ing it, particularly when the other parent refuses to do so. Although children cannot initiate legal actions independently, the option for a child to voice their concerns and advocate for their right to maintenance exists. The court may allow a
third party (such as a curator or tutor) to rep - resent the child – especially when the parents refuse or have conflicting interests – and thereby provide the child with the opportunity to assert their rights. As mentioned earlier, maintenance obligations cease when a child reaches the age of 18. How - ever, if the child continues their studies, these obligations extend until the age of 23. Once the child turns 18 and is legally considered an adult, they can apply for financial provisions indepen - dently if a parent fails to fulfil their maintenance responsibilities. 3.3 Other Matters If the parents have conflicting and opposing views regarding specific issues (ie, schooling, medical treatment, or religion), the parties may seek a court decision. Whenever any individual desires to proceed before the Family Section of the Civil Court in connection with disputes between parents concerning the custody and maintenance of or visitation rights to their chil - dren (or variation of any agreement in relation to these matters), the claimant must first demand that mediation takes place. If the parties fail to reach agreement in mediation, the matter will be referred to the courts for decision. Maltese law clearly states that there is no age limitation with regard to the witnesses who will take the stand during legal proceedings, provid - ed that they understand that “it is wrong to give false testimony”. Article 131(4) of the Civil Code of Malta states that in family matters the court must hear the parents and the child, if such child has attained the age of 14 years, and then sug - gest a way forward. If the disagreement between the parents persists, the court can also authorise “the parent whom it considers more suitable to protect the interest of the child in the particular
210 CHAMBERS.COM
Powered by FlippingBook