The Maltese Family Court

Abstract

The idea to introduce a Family Court in Malta is certainly not a recent one. Though a lot of preparatory work has already been done, up to time of print one is still waiting the Government to issue the White Paper which is to serve as the basis for the Maltese Family Court Act. In 1996/7, two reports, which actually constitute the backbone of this thesis, were prepared with proposals for the setting up of a Family Court in Malta. Chapter 1 elicits the main arguments as to the need for a Family Court and analyses the situation as obtaining nowadays when dealing with family matters as well as the expected advantages and possible shortcomings of the Family Court. Chapter 2 deals quite extensively with the jurisdiction and structure of the Family Court. Jurisdiction is one of the most fundamental issues in every court since it establishes the competence of the Family Court which should be in a position to deal with all the situations where family matters are concerned. Meanwhile, the structure of the Family Court has to be well defined in order to attain the hoped-for results. Chapter 3 deals with the fundamental issue of personnel which is needed for the effective running of the Family Court. This Chapter also deals with conciliation and mediation which are certainly one of the most important features within a Family Court. Procedure, which may contribute towards the resolution of disputes in a quick and effective manner is dealt with in Chapter 4. Accommodation and design are also dealt in this Chapter since these are quite important issues within a court which aims to help in an effective manner the persons resorting to it. The ultimate aim of this thesis can be said to be a criticism of the above mentioned reports. Thus, this thesis also suggests various amendments and additions to the position as proposed by the Commission and the Minister. Such amendments are intended to contribute to the discussion with regards to the setting up of a Maltese Family Court. Finally, this thesis also deals in a brief way with the draft White Paper on the Family Court. This is intended to provide a holistic view of the subject matter of this thesis~ The Maltese Family Court.