Civil Code (Cap. 16)
Civil Code (Cap. 16), article 56
56. (1) On separation being pronounced the court shall also
direct to which of the spouses c ustody of the children shall be
entrusted, the paramount consideration being the welfare of the
children.
(2) It shall be lawful for the c ourt, if it considers such measu res
to be strictly necessary, having r egard to all relevant circums tances,
to direct that the children be placed in the custody of persons in loco
parentis, of third parties, or in a lternative forms of care.
CIVIL CODE [CAP. 16. 27
(3) It shall be lawful for the co urt to give any such directions in
the judgment of separation, although in the action relating the reto
no demand has been made respecting the custody of the children.
(4) The court may, at any time, revoke or vary such directions
respecting the children, where t he interests of the children so
require.
(5) The court may moreover wh ere circumstances so require,
determine that one or both of the parents shall be deprived who lly
or in part of the rights of parental authority.
Exclusion of
custody.
Added by:
XIV .2011.7.
Substituted by:
XIII.2018.25.
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.