Family Law Grandparents’ juridical interest to request access to grandchildren EU legislation has interpreted the right to family life in its widest sense and allows Courts to examine whether it is in the children’s best…Malcolm MifsudFebruary 7, 2020
Family Law Legal considerations on marriage separations in the corporate world The falling out of any two spouses may be a messy affair. Questions of the heart more often than not, supersede legal considerations. Any matrimonial…Malcolm MifsudDecember 19, 2019
Family Law Abduction cases against parent based on UN Convention procedurally defective The Convention on the Rights of the Child only pertains to States, and not individualsMalcolm MifsudAugust 12, 2019
Family Law Mother obtains exclusive care and custody of child The evidence in this case showed that the minor child was brought up exclusively by the mother, while the father showed little interest in the…Malcolm MifsudJune 7, 2019
Family Law Warrant issued due to actual fear of flight of minor from Malta The Family Court has issue a warrant not allowing a minor to travel due to a real fear that the father would take the child…Malcolm MifsudDecember 14, 2018
Family Law Joint care and custody can be given, even if the child resides abroad A father can have joint custody of his son even if the mother and son live outside MaltaMalcolm MifsudNovember 2, 2018
Family Law DNA is not the only evidence to establish the paternity of a child In the absence of DNA, declaration of the parents of a child could be sufficient to prove the paternity of a child.Malcolm MifsudMarch 31, 2018
Family Law Surname change from foreign ‘deed poll’ effected in Malta subject to proof Once the defendant received the original marriage certificate and registered the plaintiff under that name, it would not be legally possible for Maltese law to…Malcolm MifsudMarch 9, 2018
Family Law Court removes parental authority from disinterested father The Court awarded the full parental authority to a mother after it was shown that the father was disinterested in his child. This took place…Malcolm MifsudDecember 1, 2017
Civil LawFamily LawProcedural Law Party cannot be in default if time period within which to reply has not elapsed A party of a lawsuit cannot be declared in default and therefore, not replying to the action, if the time period within which he has to…Malcolm MifsudNovember 17, 2017