Civil Code (Cap. 16)

Civil Code (Cap. 16), article 154

Official PDF on legislation.mt

154. (1) Saving any other punishment to which he may be liable according to law, a parent may be deprived, by the said court, wholly or in part, of the rights of parental authority, in any of the cases following: (a) if the parent, exceeding the bounds of reasonable chastisement, ill-treats the child, or neglects his education; (b) if the conduct of the parent is such as to endanger the education of the child; Cap. 12. (c) if the parent is interdicted, or under a disability as to certain acts, as provided in articles 520 to 527 inclusive of the Code of Organization and Civil Procedure , and articles 189 and 190 of this Code; (d) if the parent mismanages the property of the child; (e) if the parent fails to perform any of the obligations set out in article 3B in favour of the child. (2) If the interests of the child so require, the Court may orde r that only one of the parents shall exercise the rights of paren tal authority and the Court may also restrict the exercise of these rights and, in serious cases, exclude both parents from the exercise o f these rights. Cap. 9. (3) The Court may also restrict the exercise of the aforementioned rights where one or both of the parents are char ged with one or more of the offences listed in Title VII of Part II of Book First of the Criminal Code . (4) Nevertheless, the court may, e ven in the cases mentioned in sub-article (1) of this article, reinstate the parent in the ex ercise of the rights of which he has been deprived, when the cause of suc h deprivation ceases to exist. Usufruct of property of child to cease on forfeiture of parental authority. Amended by: XXI.1993.2.

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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.