Civil Code (Cap. 16)
Civil Code (Cap. 16), article 56A
56A. The Court may, for grave reasons, at any time during the
cause for separation, and or, divorce, or when the parties are
separated and, or divorced, upon the demand of one of the parti es,
or of its own motion declare that the other party is not fit to have
the custody of the minor children of the parties, and where the
Court issues such a declaration, the party so declared, upon th e
death of the other party, shall not be entitled to assume the c ustody
of the minor children without t he authorisati on of the Court:
Provided that evidence of domestic violence shall constitute
a grave reason for the p urposes of this article.
Right of spouses to
watch over
maintenance of
children.
Amended by:
XXI.1993.33;
XIV .2011.8.
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.