Following the launch of a Public Consultation on the Family Courts reform back in November 2024, the Government has now defined its future direction on the said Reform. According to announcements in several news portals on the 2nd February 2026, the Family Court will no longer form part of the Civil Courts, but will instead operate as an autonomous Court, housed in a building separate from the existing courts.
The Reform will be addressing co-parenting arrangements, the issue of mainupuation of children, delays in proceedings and failure to pay child maintenance. The scope being to create a more efficient system for all parties concerned, giving paramount consideration to the children’s wellbeing and security.
The mediation process will become more structured, with the parties bound to present an affidavit declaring assets, debts and other financial holdings, Fs3 forms of the preceding three years, as well as present a proposal for the division of assets, and arrangements for child custody and visitation. These measures are intended to increase transparency and facilitate negotiations. There will also be timeframes in place for the submission of documents, and the duration of the mediation process - with the intention to curb abuses to the system, and unnecessary delays.
The Reform will require stricter adherence to Court decrees, with breaches thereof, resulting in the suspension or restriction of the rights of the non-compliant party. The Courts will be obliged to order the payment of maintenance, and determine who will be paying expenses relating to health, education and extra-curricular activities of the minor children.
As things stand, only the failure to pay maintenance constitutes a criminal offence, however under the Reform, child visitation will be treated as an obligation on both parties; such that the failure to exercise visitation or the denial of visitation to the party entitled to exercise it, will constitute a breach of court orders and may result in criminal consequences. Criminal proceedings may therefore be instituted not only for non-payment of maintenance, but also for breaches relating to visitation.
The proposed legislative changes shall also address cases of child manipulation during separation proceedings - allowing the court-appointed mediator to report such behaviour to Court, which may then take appropriate maesures to protect the children’s interests.
In the coming months, we shall be seeing legislative amendments to the Civil Code, the Code of Organisation and Civil Procedure, the Criminal Code and accompanying subsidiary legislation intended to introduce and clarify new procedures, advance through the parliamentary process.
