Who decides where our children live after separation in Malta?

When parents cannot reach agreement on care and custody arrangements themselves, this becomes a matter for the Civil Court (Family Section) to determine, and Maltese family law, under the Civil Code, Chapter 16 of the Laws of Malta, places the paramount consideration on the best interests of the child, meaning the court will assess a range of factors specific to your children's circumstances, including their age, their existing relationships with each parent, stability and continuity in their daily life such as schooling, and, depending on their age and maturity, their own wishes may also be taken into account. The court process for resolving custody disputes typically involves gathering evidence about each parent's circumstances and the children's needs, and may involve input from social workers or child psychologists through court-ordered assessments in more contested cases, rather than being decided purely on the parents' own competing assertions. Given how significant and personal this decision is for your children, and how much the court's assessment depends on the specific facts of your family situation, it is important to work closely with a family lawyer who can help present your circumstances clearly and, where genuinely in the children's interests, explore whether a reasonable compromise arrangement can still be reached before the matter needs full contested litigation.