ACT No. VII of 2026 AN ACT to amend various laws to provide for the establishment of the Family Court and to provide for consequential amendments.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

27th March, 2026

ACT No. VII of 2026

AN ACT to amend various laws to provide for the establishment of

the Family Court and to provide for consequential amendments.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

(1) The title of this Act is the Various Laws relating to the Short title and

commencement.

Establishment of the Family Court (Amendment) Act, 2026.

(2) This Act shall come into force on such date or dates as the

Minister responsible for justice may, by notice in the Gazette establish,

and different dates may be so established for different provisions and,

or purposes of this Act.

PART I

Amendments to the Criminal Code

This Part amends the Criminal Code and it shall be read and Amendments to

construed as one with the Criminal Code, hereinafter in this Part the

Code.

referred to as the "Code".

In paragraph (mm) of article 338 of the Code the words "of Amendment of

the equipment." shall be substituted by the words "of the equipment;" article

the Code.

and immediately thereafter there shall be added the following

paragraph

"(nn) when ordered by a court or so bound by a contract to

have access to a child, fails to exercise such access or, unless

such failure constitutes a more serious offence, fails to take into

his care or to return the child at the time so ordered or agreed,

without just cause.".

Immediately after article 338 of the Code, as amended, there

shall be added the following new article

338A. (1) Where several acts or omissions consisting

of violations of paragraphs (y), (z), (ll) or (nn) of article

338 are committed by the same offender at different times

upon the same victim, such acts or omissions shall be

deemed to constitute a continuous offence for the

purposes of article 18.

(2) Where acts or omissions constituting a

continuous offence as provided for in sub-article (1) are

also committed at a time after the person has already been

charged in respect of other acts or omissions provided for

in sub-article (1), the charges in respect of the said

subsequent acts or omissions may, with the permission of

the Court, be added to the charges previously filed and

such subsequent acts or omissions shall also constitute a

continuous offence with the previous acts or omissions as

provided in sub-article (1).".

PART II

Amendments to the Code of Organization and Civil Procedure

This Part amends the Code of Organization and Civil

Procedure and it shall be read and construed as one with the Code of

Organization and Civil Procedure, hereinafter in this Part referred to as

the "Code".

Immediately after paragraph (a) of article 3 of the Code there

shall be added the following new paragraph

"(aa) the Family Court;".

Immediately after article 32A of the Code there shall be added

the following new article

(1) One (1) judge shall preside over the Family

"Family Court.

Court.

(2) There shall be assigned to the Family Court such

causes of a civil nature which are related to

(a) Titles I, II and IV of Book First of the

Civil Code;

(b) the Maintenance Orders (Facilities for

Enforcement) Ordinance;

(c) the Maintenance Orders (Reciprocal

Enforcement) Act;

(d) the Marriage Act; and

(e) the Child Abduction and Custody Act.

(3) The Minister responsible for justice may by

regulations provide for

(a) any reference in a law or regulations to

the "Civil Court (Family Section)" or other words

referring to the same section of the Civil Court to be

substituted by the words "Family Court";

(b) causes which relate to the family and

which are not included in sub-article (2) to be

assigned for hearing by the Family Court;

(c) the Family Court to have jurisdiction to

hear and determine causes of a criminal nature the

subject matter of which shall be a criminal offence

consisting of a contravention related to a civil law

matter being heard before that court.

(4) After the date of the coming into force of this

article and on such date as the Minister responsible for

justice may by order in the Gazette establish, all causes

assigned to be heard by the Civil Court (Family Section)

shall be assigned to the Family Court provided that the

function of the Family Court in causes falling within the

jurisdiction of the Courts of Gozo shall, unless the Minister

responsible for justice by regulations establishes otherwise,

continue to be fulfilled by the Court of Magistrates (Gozo)

(Superior Jurisdiction) (Family Section).".

8. Immediately after article 89 of the Code there shall be added Addition of new

the following new article

89A. Without prejudice to article 89, the Minister

responsible for justice may by regulations establish an

office within the Courts Services Agency to be known as

the Support Office, the principal function of which shall

be the provision of access to court services by offering

assisted accessibility services, specialised support to

vulnerable persons and coordination of professional

services required in the execution of the functions of the

Courts of Justice.".

PART III

Amendments to the Civil Code

9. This Part amends the Civil Code and it shall be read and

construed as one with the Civil Code, hereinafter in this Part referred

to as the "Code".

10. Immediately after article 21 of the Code there shall be added

the following new article

21A. The Minister responsible for justice may make

regulations establishing the method by which

regulations on

maintenance due under Book First may be calculated in

accordance with the provisions of the law regulating such

maintenance

Provided that before making regulations under this

article, the Minister shall make a presentation of these

regulations before the Standing Committee on Family

Affairs.".

11. Immediately after article 47 of the Code there shall be added

the following new article

(1) When in accordance with article 46, during

the time when the cause for separation is pending, one of

community of

the parties leaves the matrimonial home, such party may,

both before and after leaving the matrimonial home,

request the court to authorise that a reasonable amount of

expenses which the said party shall have incurred or is

going to incur in order to reside elsewhere be withdrawn

from the community of acquests without the need of

consent of the other party, and the requesting party shall

also be exempt from the obligation to obtain the consent

of the other party in order to enter into a lease agreement

or into another agreement for the temporary occupation of

such alternative residence.

(2) The Court shall accede to a request made in

terms of sub-article (1) only if in its opinion the following

conditions are satisfied

(a) the departure from the matrimonial

home and the expenses incurred or to be incurred

for the purpose are justified and proportionate to all

the circumstances of the parties;

(b) the amount of expenses requested to be

withdrawn from the community of acquests shall be

disbursed from funds directly received or in the

possession of the party making the request;

(c) the expenses are to be incurred for the

benefit of the party making the request and, if

applicable, of the children of such party

Provided that if another person is also to benefit

from the said expenses, the authorised amount may be

reduced in such manner as the court considers

proportionate in the circumstances.

(3) The authorisation of the court granted under this

article may be made subject to conditions as the court

considers appropriate which may also include conditions

on the effect of such authorisation on the eventual

dissolution of the community of acquests.".

12. Sub-article (4) of article 55 of the Code shall be substituted by Amendment of

article 55 of the

the following new sub-article

Code.

"(4) Prior to ordering the cessation of the community in

accordance with this article, the Court shall consider the

prejudice that any party may suffer as a result of such cessation,

as well as the prejudice that the other party may suffer from the

subsistence of the community; and the Court shall order the

cessation of the community where it considers that neither party

would suffer disproportionate prejudice as a result of such

cessation.".

Passed by the House of Representatives at Sitting No. 450 of the

25th March, 2026.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.72