Case study 2 - family law - custody of the children - Malta

Save as PDF

In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorised to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.


Costs of proceedings


Costs in Malta

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

€181.68

N/A

N/A

€98.99

N/A

€116.47

Yes

Case B

€181.68

N/A

N/A

€98.99

€116.47

No



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

Yes

From a minimum of €81.53 to €174.70

Not compulsory

N/A

N/A

No

N/A

Case B

Yes

From a minimum of €81.53 to €174.70

Not compulsory

N/A

N/A

No

N/A



Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

No

N/A

Precautionary warrant against the amount demanded

€23.28

N/A

N/A

Case B

No

N/A

Precautionary warrant against the amount demanded

€23.28

N/A

N/A



Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Conditions?

Case A

Legal Aid is applicable if the person lives on social benefits or minimum wage and if he/she does not possess more than one property

N/A

N/A

Case B

Legal Aid is applicable if the person lives on social benefits or minimum wage and if he/she does not possess more than one property.

N/A

N/A




Case

study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total what is percentage in general?

What costs are never reimbursed?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

YES

Depends on the outcome of the judgment

Private consultation with the lawyers (extra-judiciary costs)

N/A

Case B

YES

Depends on the outcome of the judgment

Private consultation with the lawyers (extra-judiciary costs)

N/A



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

A translation is made upon the request of either one of the parties involved.  Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense.

€17.47 (the flat rate paid as registry fee for each translation)

Applicable only when a witness is neither Maltese nor English speaking

Between €11.65 and €58.23/hour

Costs incurred notifying the party residing abroad

Depends on the fees charged by other Member States

Case B

A translation is made upon the request of either one of the parties involved.  Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense.

€17.47 (the flat rate paid as registry fee for each translation)

Applicable only when a witness is neither Maltese nor English speaking

Between €11.65 and €58.23/hour

Costs incurred notifying the party residing abroad

Depends on the fees charged by other Member States



The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 11/06/2019