Can domestic violence affect the outcome of separation proceedings in Malta?
- 09.08.2026
I separated from my child’s other parent in Malta and I’ve now been offered a great job opportunity abroad. I’d like to relocate with our child, but my ex is strongly opposed. Can I just make this decision myself since I have primary care, or do I need their agreement or court approval?
Even where you hold primary care of your child following separation, relocating with the child abroad against the wishes of the other parent generally cannot simply be decided unilaterally, since under Maltese family law, both parents typically retain parental authority and rights regarding significant decisions affecting the child, including matters as significant as permanently relocating to another country, unless a court order or existing agreement specifically addresses this, meaning you would generally need either your ex's genuine agreement or specific authorisation from the Civil Court (Family Section) before relocating with your child against their wishes. If you proceed with such a relocation without proper agreement or court authorisation, this could potentially expose you to serious legal consequences, including under international child abduction frameworks if the other parent has a genuine right of custody or access being interfered with, so this is absolutely not a decision to make without proper legal guidance beforehand. Given both the significance of this decision for your child and the real legal risks of proceeding without proper authorisation, you should consult a family lawyer promptly to understand the correct legal process for seeking court approval for the relocation, and to realistically assess your prospects given your specific circumstances and the reasons for the move.
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