THE CIVIL COURT (FAMILY SECTION), THE FIRST HALL OF 
THE CIVIL COURT AND THE COURT OF MAGISTRATES (GOZO) 
(SUPERIOR JURISDICTION) (FAMILY SECTION) ġ S.L.12.20 1
SUBSIDIARY LEGISLATION 12.20
THE CIVIL COURT (FAMILY SECTION), THE 
FIRST HALL OF THE CIVIL COURT AND THE 
COURT OF MAGISTRATES (GOZO) (SUPERIOR 
JURISDICTION) (FAMILY SECTION) 
REGULATIONS
16th December, 2003
LEGAL NOTICE 397 of 2003, as amended by Legal Notice 9 of 2004.
Citation. 
Amended by:
L.N. 9 of 2004.
1. The title of these regulations is The Civil Court (Family
Section), The First Hall of the Civil Court and The Court of
Magistrates (Gozo) (Superior Jurisdiction) (Family Section)
Regulations.
Interpretation.
S.L. 12.19
( a ) the Civil Court (Family Section), the Civil Court
(Voluntary Jurisdiction Section) and the Court of
Magistrates (Gozo) (Superior Jurisdiction) (Family
Section) are the sections of the respective courts
established by the Civil Courts (Establishment of
Sections) Order, reproduced in the Schedule;
( b ) ''Minister'' means the Minister responsible for Justice.
Appointment of 
Mediators etc.
Cap. 12.
3. (1) The Minister shall in accordance with article 89 of the
Code of Organization and Civil Procedure appoint panels of experts
as follows:
( a ) a panel of experts in family matters (hereinafter in
these regulations called mediators) being persons who
in the opinion of the Minister have the necessary
qualities to undertake the functions assigned to
mediators by these regulations which panel shall
consist of two lists as follows:
(i) a first list consisting of persons qualified as
aforesaid from amongst whom the parties in a
case may select by mutual consent a person to
act as mediator; and
(ii) a second list of persons qualified as aforesaid
who shall be appointed by the Court on a roster
basis to act as mediators in a particular case.
A person who has the necessary qualities as aforesaid
may be included in both the first and second list;
( b ) a panel of experts in family law (hereinafter in these
regulations called children’s advocates) being persons
in possession of the warrant to practice as advocates.
(2) Mediators and children’s advocates shall be paid such fees
for their services as the Minister may from time to time establish.
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THE CIVIL COURT (FAMILY SECTION), THE FIRST HALL OF 
THE CIVIL COURT AND THE COURT OF MAGISTRATES (GOZO) 
(SUPERIOR JURISDICTION) (FAMILY SECTION)
Where the parties select a mediator by mutual consent from the first
list of mediators the fees due to such mediator shall be charged to
the parties, otherwise the fees due to mediators and children’s
advocates shall be paid by the Registrar.
(3) Before making the appointments as aforesaid the Minister
shall consult the judge or judges, presiding over the Civil Court
(Family Section).
(4) Before assuming the functions of their office the mediators
and children’s advocates shall subscribe to an oath in the hands of
the Attorney General to discharge the duties of their office
faithfully and impartially and not to divulge any information which
may come to their knowledge through the performance of their
duties. Such oath shall be filed in the registry of the Civil Court by
means of a note and the Registrar shall keep such note in a special
book which shall be properly indexed and be subject to public
inspection at all times during which the said Registry is open.
(5) A mediator may request to abstain from performing his
functions in any particular case and may be challenged on the same
grounds on which according to law a judge may abstain or be
challenged. The judge or magistrate presiding the Court before
which the case is being heard shall decide on such request for
abstention or challenge and the decision of the judge or magistrate,
as the case may be, shall be final and may not be appealed against
or challenged before any Court.
Authorisation to 
proceed to initiate 
proceedings for 
personal 
separation.
4. (1) Any party wishing to proceed to initiate a suit for
personal separation against the other spouse shall first demand
authority to proceed from the Civil Court (Family Division), the
Court of Magistrates (Gozo) (Superior Jurisdiction) (Family
Division) as the case may be, each of such courts hereinafter in this
regulation called the ''Court'', by filing a letter to that effect in the
registry of the Court addressed to the Registrar, stating the name
and address both of the person filing the letter as well as that of the
other spouse, and requesting the Court to authorise him or her to
proceed. Such letter shall be signed and filed by the party
personally or by an advocate or legal procurator on behalf of such
party.
Cap. 16.
(2) Where authority to proceed for personal separation is
granted by the Court, it shall be lawful for either spouse to bring a
suit before the Court, or counter claim for personal separation on
the same or any other of the grounds mentioned in the Civil Code
as if such leave referred to both parties on all of the said grounds.
(3) Before granting such leave the Court shall summon the
parties to appear before a mediator, either appointed by it or with
the mutual consent of the parties, and where the Court deems it
expedient so to do, either of its own motion, or at the request of the
mediator, or of either of the spouses, may appoint a children’s
advocate to represent the interests of any minor children of the
parties.
(4) The mediator shall in the first place attempt to reconcile the
THE CIVIL COURT (FAMILY SECTION), THE FIRST HALL OF 
THE CIVIL COURT AND THE COURT OF MAGISTRATES (GOZO) 
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parties. During this stage the mediator shall hear the parties.
(5) Where parties fail to reconcile the mediator shall mediate
between them in an effort to reach an agreement to enter a deed of
personal separation by mutual consent.
(6) The mediator may  in camera  hear the parties separately or
together, in the presence of their advocates or legal procurators,
and he may also hear any minor children of the spouses, the
children’s advocate, if any, and the advocates or legal procurators
of the parties.
(7) The spouses and all other persons shall not be required to
take any oath and no evidence may be adduced before any Court of
anything divulged to the mediator in the conciliation or mediation
procedures, of any proposal made by him or any other person
during the procedures or of the reaction of either spouse to such
proposals.
(8) Where the mediator manages to reconcile the parties he
shall make a note to that effect in the records of the case, and
transmit the records to the judge who shall thereupon close the
proceedings.
(9) Where the parties have not reconciled, but they have
through the office of the mediator or otherwise agreed to enter into
a deed of personal separation by mutual consent, the mediator shall
transmit to the judge a draft of the deed of personal separation,
together with any comments thereon by the advocates or legal
procurators of the parties, the children’s advocate, if any, and his
views, for the grant of the authorisation by the judge.
(10) The judge shall give his authorisation by decree  in camera,
but may before proceeding to give such decree hear either of the
parties, the children or their respective advocates and legal
procurators.
(11) ( a ) During the mediation period the parties may jointly
request the Court to appoint a judicial assistant in order
to receive evidence on oath intended to facilitate the
proceedings before the mediator.
( b ) The judge shall decree on any such demand  in camera ,
after hearing, if he so deems fit, the spouses, the minor
children, and, or, their respective advocates and legal
procurators.
(12) Where the attempts of the mediator to reconcile the parties
or to assist them in reaching an agreement as aforesaid have failed
or upon the lapse of two months from the filing of the letter
referred to in subregulation (1) (or such longer period as the Court
may for good reason grant) no such conciliation or agreement has
been reached, the mediator shall inform the judge in writing to that
effect and the judge shall thereupon grant the leave requested:
Provided that where in the opinion of the mediator, it is
unlikely that such conciliation can be achieved or such agreement
reached, the mediator shall inform the judge in writing before the
lapse of the said period of two months or before such longer period
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THE CIVIL COURT (FAMILY SECTION), THE FIRST HALL OF 
THE CIVIL COURT AND THE COURT OF MAGISTRATES (GOZO) 
(SUPERIOR JURISDICTION) (FAMILY SECTION)
as aforesaid.
(13) Without prejudice to subregulation (11), any party may
during the pendency of the procedures in the conciliation,
mediation, pre-trial or trial stages, request the Court to make such
provisional orders or to issue such writ or warrant as may be
necessary to safeguard its interest.
Decree agreements 
on collateral 
matters.
5. (1) Where during the conciliation or mediation stage the
parties reach an agreement on the payment of an amount for
maintenance that may be payable by one of them to the other either
in respect of him or herself or in respect of the children, or
agreement is reached as to the custody for visitation rights with
respect to, the children, or on who is to continue to reside in the
matrimonial home, the mediator shall make a note of such
agreement which note shall be subscribed by the parties, and shall
forthwith transmit such note to the Court which shall decree on the
matter accordingly.
(2) Where any party is not assisted by an advocate or legal
procurator the mediator shall inform that party of the importance of
the agreement and of his or her right to be assisted by an advocate
or legal procurator or to take legal advice before subscribing to any
such agreement.
Consensual 
separation.
6. ( a ) Where two spouses agree to enter into a deed of
personal separation by mutual consent otherwise than
through the mediation of a mediator as provided in
regulation 4, they shall file in a note to that effect
signed by their notary and their respective advocates or
legal procurators. Such note shall be filed in the
Family Section of the Civil Court or of the Court of
Magistrates (Gozo) (Superior Jurisdiction) together
with a draft of the deed.
( b ) Upon receipt of the note the Court shall refer the
matter to a mediator, either selected jointly by the
parties from the first list and indicated by them in the
note, or assigned by the Court.
( c ) The mediator shall, not later than one month from the
filing of the note, examine the said draft deed and if he
deems fit, hear the parties in the presence of their legal
counsel and if appropriate any minor children of the
spouses, and may also request the Court to appoint a
children’s advocate. The mediator shall within the
aforesaid period of one month send back the note to the
Court together with his advice thereon.
( d ) Upon the receipt of the advice, the Court shall after
hearing, if it so deems fit the spouses or any of their
children, proceed to give its decree as soon as possible
approving, amending or rejecting the said draft deed.
Trial in cases for 
personal 
separation.
7. (1) Where the Court has authorised a spouse to proceed
with a suit for personal separation, either party may initiate
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THE CIVIL COURT AND THE COURT OF MAGISTRATES (GOZO) 
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proceedings within two months or such longer period as the Court
may, for grave reason, grant.
(2) Upon such case being initiated and upon the close of the
written proceedings, the Court shall proceed to appoint a children’s
advocate where in its opinion this is required in the interests of any
minor children of the spouses, and shall thereupon proceed with the
pre-trial stage of the case in which the Court shall fix time limits
within which the parties shall produce all documentary evidence in
support of their case and produce such witnesses whose evidence
cannot be produced by affidavit.
(3) The pre-trial period shall close when all the documents and
other evidence of the parties have been produced or the time within
which they were to be so produced has elapsed. During such period
the Court may also appoint such experts as it may deem necessary
to assist it.
(4) Except for grave and serious reasons to be stated by the
Court, the pre-trial period shall not extend beyond one year after
the close of the written proceedings.
(5) During the pre-trial period and until it passes to give
judgement, the Court may, on the demand of either party, give such
provisional orders as it may deem fit, and may likewise, where
grave reasons or change of circumstances so necessitate, alter or
revoke such orders.
(6) After the close of the pre-trial stage the judge shall fix the
date for the trial where the advocates for the spouses and any
children’s advocates that may have been appointed shall make their
submissions and counter submissions and the Court shall thereupon
proceed to give judgement on all points at issue:
Cap. 387.
Provided that if the Court shall not be in a position to
determine the manner in which any community of property between
the parties is to be liquidated, it may first determine all the other
issues and then proceed to give judgement on that point at a later
stage. The Court may also at any stage encourage the parties to
enter into an arbitration agreement as provided for in the proviso to
article 15(6) of the Arbitration Act.
Commencement of 
proceedings under 
these regulations.
8. Where under any law a person is required to proceed before
a Court within a particular time, such proceedings shall for the
purposes of these procedures be deemed to have been commenced
upon filing in the registry of the Court of the letter refered to in
regulation 4(1).
Mediation 
proceedings to 
apply also in other 
cases.
9. (1) Without prejudice to the provisions of regulations 4 to
7 where any person desires to proceed before the Court in
connection with -
( a ) disputes between parties, whether married or
otherwise, concerning the custody and maintenance of,
or visitation rights to their children; or
( b ) maintenance between spouses; or
( c ) variations of any matter regulated by any judgement of
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THE CIVIL COURT (FAMILY SECTION), THE FIRST HALL OF 
THE CIVIL COURT AND THE COURT OF MAGISTRATES (GOZO) 
(SUPERIOR JURISDICTION) (FAMILY SECTION)
personal separation or by a deed of personal
separation; or
( d ) variation of any agreement in any matter referred to in
paragraph ( a ),
such party shall, in the first place, file a letter in the registry of the
Court stating his or her claim containing the details listed in
regulation 4(1) and signed and filed as therein provided.
(2) The court shall summon the parties to appear before a
mediator, and the provisions of regulation 4(3) shall apply.
(3) The mediator shall mediate between the parties in an effort
to make them reach an agreement on the matter in dispute and the
provisions of regulation 4(6) and (7) shall apply to the mediation
process.
(4) Where the parties reach an agreement it shall be recorded in
writing and filed in the records of the proceedings, which shall
thereupon be transmitted by the mediator to the Court, which shall
unless there is anything therein contrary to public order, decree on
the matter in dispute accordingly.
(5) Should the parties fail to reach an agreement the mediator
shall inform the Court accordingly.
(6) During the mediation stage any of the parties may apply to
the Court for the issue of any provisional order or the issue of any
act or warrant to safeguard any of his or her rights.
Trial in other 
cases.
10. (1) Upon being informed by the mediator that the parties
have failed to reach an agreement, following the mediation
proceedings under the preceding regulation, the Court shall
authorise the parties to initiate proceedings within two months or
such longer period as the Court may for grave reasons grant.
(2) Upon such case being initiated and upon the close of the
written proceedings, the Court shall proceed to appoint a children’s
advocate where in its opinion this is required in the interests of any
minor children, and shall thereupon proceed with the pre-trial stage
of the case in which the Court shall fix time limits within which the
parties shall produce all documentary evidence in support of their
case and produce such witnesses whose evidence cannot be
produced by affidavit.
(3) The pre-trial period shall close when all the documents and
other evidence of the parties have been produced or the time within
which they were to be so produced has elapsed. During such period
the Court may also appoint such experts as it may deem necessary
to assist it.
(4) Except for grave and serious reasons to be stated by the
Court, the pre-trial period shall not extend beyond one year after
the close of the written proceedings.
(5) During the pre-trial period and until it passes to give
judgement, the Court may, on the demand of either party give such
provisional orders as it may deem fit, and may likewise, where
THE CIVIL COURT (FAMILY SECTION), THE FIRST HALL OF 
THE CIVIL COURT AND THE COURT OF MAGISTRATES (GOZO) 
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grave reasons or change of circumstances so necessitate, alter or
revoke such orders.
(6) After the close of the pre-trial stage the judge shall fix the
date for the trial where the advocates for the parties and any
children’s advocates that may have been appointed shall make their
submissions and counter submissions and the Court shall thereupon
proceed to give judgement on all points at issue.
Where party fails 
to appear before 
mediation.
11. Where a person has under the provisions of these
regulations been summoned to appear before a mediator and fails to
do so, the mediator shall inform the Court and indicate such failure
together with any reason, if any, adduced by such person for the
failure, and the Court when deciding the matter before it shall take
due account and give due consideration to such failure.
Judge or magistrate 
may give all 
necessary 
directions.
12. The judge or magistrate, as the case may be, and any
judicial assistant who may be assigned to the case under the
direction of the Court, shall give all such guidance and directives as
they may think fit for the better management of the case.
Transitory 
provision.
Added by:
L.N. 9 of 2004.
S.L. 12.19
13. The section of the Court which, in accordance with these
Regulations and in accordance with the Civil Courts (Establishment
of Sections) Order, is, according to the nature of the same and
according to the territorial jurisdiction of the Court, to take
cognizance of any act, application or writ of summons, shall on the
coming into force of these regulations take cognizance of those
acts, applications or writ of summons that immediately before the
coming into force of these Regulations or that Order were pending
before the First Hall of the Civil Court, the Second Hall of the Civil
Court and the Court of Magistrates (Gozo) (Superior Jurisdiction),
and this according to the jurisdiction of each of those sections in
accordance with these Regulations and that Order, so however that
notwithstanding anything in these Regulations or that Order, the
procedures to be followed in respect of each act, application or writ
of summons filed before the date of the coming into force of these
Regulations or of that Order, shall be that in force immediately
before that date.
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THE CIVIL COURT (FAMILY SECTION), THE FIRST HALL OF 
THE CIVIL COURT AND THE COURT OF MAGISTRATES (GOZO) 
(SUPERIOR JURISDICTION) (FAMILY SECTION)
Added by:
L.N. 9 of 2004.
SCHEDULE
(Regulation 2( a )
The Civil Courts (Establishment of Sections) Order
Citation.  1. The title of this Order is the Civil Courts (Establishment of
Sections) Order.
Civil Court to have 
three Sections.
2. There shall be three sections in the Civil Court to which
shall be assigned, as provided by this Order, the category of cases,
hitherto falling within the jurisdiction of the Civil Court (First
Hall) and the Civil Court (Second Hall), or as may be assigned to
the Civil Court by any law.
Designation of 
Sections.
Amended by:
L.N. 8 of 2004.
3. The sections of the Civil Court shall be the Family Section,
the Voluntary Jurisdiction Section and a general jurisdiction
section to be styled the First Hall of the Civil Court.
Assignment of 
cases of the Civil 
Court (Family 
Section).
4. To the Civil Court (Family Section) shall be assigned those
cases falling within the competence of the Civil Court and which
relate to matters regulated by:
Cap 16. ( a ) Titles I, II and IV of Book First the Civil Code;
Cap 48. ( b ) the Maintenance Orders (Facilities for Enforcement)
Ordinance;
( c ) the Maintenance Orders (Reciprocal Enforcement)
Act;
Cap 255. ( d ) the Marriage Act; and
Cap 410. ( e ) the Child Abduction and Child Custody Act.
Assignment of 
cases to the Civil 
Court (Voluntary 
Jurisdiction 
Section).
Cap. 16.
5. To the Civil Court (Voluntary Jurisdiction Section) shall
be assigned applications falling within the Competence of the Civil
Court and which relate to matters regulated by:
( a ) Titles III, V, VI and VII of Book First of the Civil
Code; and
Cap. 12. ( b ) Part II of Book Second of the Code of Organisation
and Civil Procedure.
Assignment of 
cases to the First 
Hall of the Civil 
Court.
Amended by:
L.N. 8 of 2004.
6. To the First Hall of the Civil Court shall be assigned all
cases within the competence of the Civil Court and not assigned to
the Family Section or the Voluntary Jurisdiction Section.
Registrar to assign 
cases.
7. Subject to any rules of court or to any regulation, cases
shall be assigned to the different sections of the Civil Court by the
Registrar in accordance with the category to which the case refers.
Chief Justice to 
determine Section 
in particular cases.
8. Where any dispute arises as to whether a case should be
assigned to one section or another of the Civil Court, or where a
case involves more than one category falling to be assigned to
different sections of the Civil Court, the matter shall be referred to
the Chief Justice who shall,  in camera , determine the section to
which the case shall be assigned. The determination by the Chief
THE CIVIL COURT (FAMILY SECTION), THE FIRST HALL OF 
THE CIVIL COURT AND THE COURT OF MAGISTRATES (GOZO) 
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Justice shall be registered in the records of the case and shall be
final.
Court of 
Magistrates (Gozo) 
in its Superior 
Jurisdiction.
Cap 12.
9. Without prejudice to the provisions of article 54 of the
Code of Organisation and Civil Procedure there shall be in the
Court of Magistrates (Gozo), in its Superior Jurisdiction, two
Sections to be styled respectively ''The Family Section'' and ''The
General Jurisdiction Section''. To the Family Section shall be
assigned cases falling within the competence of that Court in its
Superior Jurisdiction and which are regulated by the provisions
referred to in article 4( a ) to ( e ) of this Order, and to the General
Jurisdiction Sections shall be assigned cases falling within the
competence of the said Court in its Superior Jurisdiction which are
not assigned to the Family Section or to which the said article 54 of
the said Code does not apply. Articles 7 and 9 of this Order shall
mutatis mutandis  apply with respect to cases falling within the
competence of the said Court in its Superior Jurisdiction with
regard to the assignment of cases to the various Sections.
