Who decides where our children live after separation in Malta?
- 12.06.2026
My son and his wife separated in Malta, and since then, my access to my grandchildren has been severely restricted by their mother, despite having had a close relationship with them beforehand. Do grandparents actually have any legal standing in Malta to request formal access rights, or is this purely something only parents can seek?
Maltese family law does recognise that grandparents can, in certain circumstances, apply to the Civil Court (Family Section) for access or contact rights with their grandchildren, particularly where there was a genuine, established relationship that has since been significantly disrupted, reflecting the broader principle under the Civil Code, Chapter 16 of the Laws of Malta, that decisions relating to children should ultimately be guided by what is in the child's best interests, which can include maintaining meaningful relationships with extended family where that genuinely benefits the child. That said, grandparents generally do not have the same automatic standing as parents, and an application for access would need to demonstrate to the court that continued contact is genuinely in the children's best interests, rather than simply asserting a general right to see them, so evidence of the previous relationship and its positive role in the children's lives becomes particularly important in supporting such an application. Given that this involves navigating a sensitive family dynamic on top of a specific and less commonly used area of family law, it would be worth consulting a family lawyer experienced in these matters to properly assess your realistic prospects and the best way to approach the application given your specific circumstances.
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