International child abductions have serious consequences for both the child and the left-behind parent. The child is removed, not only from contact with the other parent, but also from his or her home environment. The aim is to return to the juridical status quo, i.e. the situation before the abduction/retention takes place. In the context of International Private Law, child abduction has become synonymous with the unilateral removal or retention of children by parents, guardians or close family members. It bears no relation to the criminal offence of kidnapping. In cases of child abduction, the parents, guardian, or close family members will aspire to the exercise of sole care and custody over a son or daughter in a new jurisdiction. The aim of the return of the child is to retain the status quo before the abduction or retention took place.
The Central Authority deals with both incoming and outgoing requests of child abduction. In both situations, the Central Authority will assist the applicant to gather all necessary information which will be communicated to the foreign Central Authority or assist him. In cases of incoming abduction cases, the Central Authority may try to contact the abductor for the voluntary return of the child. In case there is no agreement, the Central Authority will initiate Court procedures for the return of the child to its habitual residence.
Cross Border Abduction is regulated through the following legislation:
The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
Council Regulation (EC) No 1111/2019 of 25 June 2023 concerning on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction
Child Abduction and Custody Act, Cap 410 of the Laws of Malta
Access
The same legal instruments also deal with requests for cross border access to minors. The Central Authority’s role is to facilitate such access and if necessary, represent the parent requesting access in court. The Brussels II regulation ensures that access decrees given by the foreign court are applicable in Maltese courts and those decrees given by Maltese courts are applicable in the other European Union countries.