and the Court of Magistrates (Gozo) (Superior Jurisdiction)

L.N. 347 of 2020

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

CIVIL CODE

(CAP. 16)

The Civil Court (Family Section), the First Hall of the Civil Court

and the Court of Magistrates (Gozo) (Superior Jurisdiction)

(Family Section) (Amendment) Regulations, 2020

IN EXERCISE of the powers conferred by articles 193A and 470

of the Code of Organization and Civil Procedure and by article 37 of

the Civil Code, the Minister responsible for justice has made the

following regulations:-

The title of these regulations is the Civil Court (Family

Section), the First Hall of the Civil Court and the Court of Magistrates

(Gozo) (Superior Jurisdiction) (Family Section) (Amendment)

Regulations, 2020 and these regulations shall be read and construed as

one with the Civil Court (Family Section), the First Hall of the Civil

Court and the Court of Magistrates (Gozo) (Superior Jurisdiction)

(Family Section) Regulations hereinafter referred to as "the principal

regulations".

Regulation 3 shall be amended as follows

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) (a) The Minister shall in

accordance with article 89 of the Code of

Organization and Civil Procedure appoint a

panel of experts in family matters (hereinafter

in these regulations called "mediators") being

persons who in the opinion of the Minister

have the necessary qualities to undertake the

functions assigned to mediators by these

regulations which panel shall consists of two

lists as follows

(i) a first list consisting of

persons qualified as aforesaid from

amongst whom the parties in a case may

select by mutual consent a person to act

as mediator; and

(ii) a second list of persons

qualified as aforesaid who shall be

appointed by the Court on a roster basis

to act as mediators in a particular case.

A person who has the necessary

qualities as aforesaid may be included in both

the first and second list;

(b) The Minister shall in accordance

with article 89 of the Code of Organization

and Civil Procedure appoint a panel of

advocates (hereinafter in these regulations

called "children’s advocates") being persons

in possession of the warrant to practice as

advocates and who having experience in

family law.".

(b) immediately after sub-regulation (5) thereof there

shall be added the following new sub-regulation

"(6A)Without prejudice to the functions of the

Children’s Advocate under any other law, the functions of

the Children’s Advocate shall include inter alia

(a) providing legal assistance, representations

and advice to minors;

(b)

acting in the best interests of the minors;

(c) submitting the views of minors in Court

including through the filing of judicial acts;

(d) providing explanations to the minors on the

possible consequences should the Court conform to

the minors’ wishes; and

(e) providing the minors with any relevant

information

Provided that the Children’s Advocate shall

provide the minor with all the relevant explanations and

information as mentioned in paragraphs (b) and (c) only if

the minors are considered by the Children’s Advocate to

possess sufficient understanding and maturity.".

The Civil Court (Family Section), The First Hall of the Transitory

Civil Court and the Court of Magistrates (Gozo) (Superior provision.

L.N. 347 of

Jurisdiction) (Family Section) (Amendment) Regulations, 2020 shall 2020.

apply to those causes that are instituted following the coming into

force of the Civil Court (Family Section), The First Hall of the Civil

Court and the Court of Magistrates (Gozo) (Superior Jurisdiction)

(Family Section) (Amendment) Regulations, 2020.

€0.27