With effect from 1 October 2026, specific Family Court Proceedings Regulations, enacted by virtue of Regulation 216 of 2026, have come into effect, hence replacing the previous procedural regime. The aim of the new Regulations is to establish a more structured framework for family proceedings. The main novelties are, emphasis on early disclosure of financials and proposals, imposition of mediation timelines, structured representation of children, and multi-disciplinary support for the parties, minors and third parties involved in the process.
By virtue of Subsidiary Legislation 216 of 2026, the legislator has introduced a methodological process for initiation and progress of family related matters, with particular emphasis on the best interests of children and holistic wellbeing of minors, parties and involved third parties alike. The introduction of specific time-limits also aims at limiting procrastination, which undermines the due delivery of justice and the wellbeing of parties.
The procedures regulated by the new Regulations apply to personal separation, divorce as well as disagreement between unmarried parties regarding (i) the care and custody of children, their residence, access rights of each party, and the payment of maintenance and expenses relating to health, education, and extracurricular activities payable by each party (ii) maintenance between spouses (iii) changes to anything regulated by a personal separation judgement or a personal separation contract or by a divorce decree or judgment
Similarly to the old regime, the process commences by mandatory mediation. Regulation 3 introduces a list which shall consist of two parts, the first part containing a list of qualified persons from which the parties may, by mutual agreement, select a person to act as mediator and the second part containing a list of qualified who shall be appointed by the Court on a roster basis to act as mediators in a particular case. A qualified person may be included in both lists and the Court Services Agency is entrusted with management and co-ordination of mediations, including reporting to the mediators or directly to Court when the terms of mediation are not abided by.
Regulation 4 re-confirms the figure of the Children’s Advocate whilst Regulation 5 introduces an additional and novel category, namely ‘Persons of Support’. The latter shall hold expertise in the fields of family and juvenile matters, and shall consist of individuals who, in the opinion of the Minister, possess the necessary qualifications to perform the duties assigned to them in relation to providing support to parties involved in proceedings before the Family Court. Support persons may be either (a) Court appointed experts designated for the purpose of providing the required support to minors, the parties or involved third parties or (b) therapists offering therapy as also introduced by the Regulations. The list of support persons referred shall be reviewed every two years however this shall not prejudice to any nominations made in pending proceedings, so as to ensure continuity.
Regulation 6 explains the roles and duties of ‘Persons of Support’ acting as Court Experts and establishes that the latter’s duties shall consist of (i) conducting an assessment of the therapeutic needs of the parties, including minors, and reporting to the Court in accordance with the terms of the appointment (ii) providing advice to the Court regarding the need for intervention, therapy or special measures both during and after judicial proceedings, applicable to minors, parents, the parties or other individuals as the case may require (iii) maintaining contact with the parties to the proceedings, family members, the Children’s Advocate, legal guardians and other persons as deemed necessary and (iv) advising on, or making a request to the Court for the issuance of protection orders as the case may be. The role of the Support Person as a Court Expert shall terminate after submission of the Report to Court, unless the Court orders otherwise. Support Persons appointed as Court Experts shall submit the Report within a period of four months, which period may be extended by a further two months, hence rendering the entire period a six-month period.
Regulation 7 regulates ‘Support Persons’ appointed as Therapists. The appointment of Therapists lies within the Court’s discretion, and is considered by the Court when and where a report by a support person acting as a court expert indicates the need for therapeutic interventions for minors, the parties, or third parties as appropriate. The scope is to provide support throughout the duration of the proceedings by (i) offering therapeutic support to the parties, minors, and other relevant persons during judicial proceedings as directed by the Court (ii) guiding and assisting minors, the parties, and third parties, as the case may be, on a therapeutic basis, during judicial proceedings. The Therapist is bound by confidentiality and in terms of Regulation 8, may not be brought to testify or otherwise be required to disclose information concerning facts which have come to their knowledge in the course of providing such therapy. Moreover, individuals are not obliged to undergo any therapy against their will and cannot therefore be forced to undergo therapy. However, failure to abide by the Court’s order shall be taken inti consideration by Court as shall the lack of co-operation by individuals with court experts and therapist. It is also specifically mentioned that the appointment of support persons shall not impede the progress or conclusion of mediation or judicial proceedings, which rule clearly confirms that the newly create roles aim at providing support.
The introduction of Support Persons, therapists and a strengthened framework for the protection of minors reflects a clear shift towards a more holistic and child-centred approach to family proceedings. Beyond determining legal rights and obligations, the new Regulations seek to ensure that the emotional, therapeutic and welfare needs of children and families are adequately addressed throughout the process.
While these measures strengthen the support structures available to parties, the Regulations also introduce significant procedural reforms aimed at increasing transparency, encouraging early engagement, and reducing delays in family litigation.
In Part 2 of this series, we will examine the practical procedural changes introduced by the Regulations, including the role of the Children’s Advocate, new disclosure obligations, mediation timelines, interim measures, maintenance enforcement mechanisms, and evidential timeframes before the Family Court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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