Can I stop my ex from taking our child on holiday without my consent?
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Can I stop my ex from taking our child on holiday without my consent?

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05.06.2026

My ex and I share custody of our child in Malta, and I’ve just found out they’re planning to take our child abroad on holiday without asking me first or even informing me of the travel dates. Do I have any legal right to object or block this kind of trip?

Site Administration 09.06.2026
reply date: 09.06.2026

Where both parents hold joint parental authority, which is the general position under the Civil Code, Chapter 16 of the Laws of Malta, unless a specific court order says otherwise, decisions involving taking a child abroad, particularly for anything beyond a very brief, routine trip, generally require the knowledge and, in many cases, the consent of both parents, meaning your ex generally should not be arranging international travel with your child entirely without your involvement or agreement, especially if this deviates from an established pattern already agreed between you. If your ex proceeds with the trip without your consent and you have genuine, well-founded concerns, for example about the child's safety or a risk of non-return, you may be able to seek urgent intervention from the Civil Court (Family Section), including precautionary measures, though the specific options available depend heavily on the exact circumstances, including whether there is already a formal custody order in place addressing travel. Given the time-sensitive nature of an imminent trip, it is important to raise this with a family lawyer immediately rather than waiting, since the available options for preventing an unauthorised trip are far more limited once the child has already left the country.

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