Civil Code (Cap. 16)

Civil Code (Cap. 16), article 131

Official PDF on legislation.mt

131. (1) A child shall be subject to the authority of his parents for all effects as by law established. (2) Saving those cases established by law, this authority is exercised by the comm on accord of both paren ts. After the death of one parent, it is exercised by the surviving parent. (3) In case of disagreement between the parents on matters of particular importance, either par ent may apply to such court as may be prescribed by or under any law in force from time to time indicating those directions which he or she considers appropria te in the circumstances. (4) The court, after hearing the parents and the child if the latter has reached the age of fourteen years, shall make those suggestions which it deems best in the interest of the child an d the unity of the family. If the disagreement between the parents persists, the court shall authorise the parent whom it consider s more suitable to protect the interest of the child in the parti cular case, to decide upon the issue, s aving the provisions of articl e 149. (5) In the case of an imminent danger of serious prejudice to the child either parent may take such measures which are urgent and cannot be postponed. (6) With regard to third partie s in good faith, each of the spouses shall be deemed to act wit h the consent of the other wh ere he or she performs an act relative to parental authority relati ve to the person of the child. Sub-title I Amended by: XXI.1993.2. OF THE EFFECTS OF PARENTAL AUTHORITY IN REGARD TO MINORS Child to obey and not to abandon parental house. Amended by: L.N. 148 of 1975; XXI.1993.50.

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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.