Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 877
877. (1) A warrant of prohibitory injunction may also be
issued to restrain any person fr om taking any minor outside Mal ta.
(2) The warrant shall be served on the person or persons
having, or who might have, the legal or actual custody of the m inor
enjoining them not to take, or allow anyone to take, the minor, out
of Malta.
(3) The warrant shall also be served on:
(a) the officer charged with the issue of passports
enjoining him not to issue, and or deliver, any passport
in respect of the minor and not to include the name of
the minor in the passport of the minor’s legal
representatives or in the passport of any other person;
and
(b) the Commissioner of Police enjoining him not to allow
such minor to leave Malta.
(4) If, before the service of the warrant on the officer charged
with the issue of passports, a passport in respect of the minor had
already been issued or the nam e of the minor had already been
included in the passport of another person, such officer shall take
the necessary steps to withdraw the passport in respect of the
minor, and of any other passport which includes the name of the
minor, and to delete th e name of the minor from such passport.
Contents of
warrant.
(5) The warrant shall contain the name and surname of the minor
and any other particulars that m ay be established by regulation s, so as
to enable the persons served with the warrant to establish the identity
of the minor.
Contempt of court
in case of breach.
(6) Any person served with th e warrant who, directly or
indirectly, takes the minor, or allows the minor to be taken, o ut of
Malta shall be guilty of contempt of court.
(7) The warrant which has not ceased to be in force for other
reasons, shall remain in force for one year to be reckoned from the
day on which it was issued, unless within such time the person
suing out the warrant shall have, upon an application to that effect,
obtained an extension.
(8) Such extension may be granted more than once, but it may
not be granted for more than one year each time.
(9) The decree allowing the exten sion shall state the date up to
which the warrant sh all remain in force.
(10) The decree allowing the ext e n s i o n s h a l l b e s e r v e d o n t h e
persons mentioned in subsection (2) and (3).
(11) None of such persons shall incur any liability if, after th e
expiration of the said time, whether original or extended, and
before the decree of any such exte nsion has been served on him, he
shall act as if the warrant had ceased to be in force.
(12) The absence of a demand for an extension shall not be a bar
to the issue of a fresh warrant.
248 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
Repealed by:
XII.1985.23.
Sub-title VI
OF THE MEDITATIO FUGAE WARRANT
Articles 876 to 888 , both inclusive , were repealed by Act No. XII
of 1985 .
Amended by:
IV .1868.12.
Title VII
OF THE PROTEST AND JUDICIAL LETTER
Protest and judicial
letter.
Amended by:
IV .1868.13;
IX.1886.105.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.