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Custody Affidavit for Malta

Custody Affidavit Template for Malta

A Custody Affidavit under Maltese law is a formal, sworn document that provides detailed information about child custody arrangements and related circumstances. This legal instrument, governed by Malta's Civil Code and the Code of Organization and Civil Procedure, serves as sworn testimony regarding the care, custody, and welfare of children. The document must comply with Malta's stringent requirements for affidavits while providing comprehensive information about current custody arrangements, the child's welfare, and any proposed changes. As Malta is an EU member state, the document may also need to consider relevant EU regulations, particularly in cases with international elements.

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What is a Custody Affidavit?

A Custody Affidavit is a crucial legal document used in Maltese family law proceedings to provide sworn testimony regarding child custody arrangements. This document is typically required when establishing, modifying, or confirming custody arrangements in Malta's courts. The affidavit must comply with requirements set forth in Malta's Civil Code, the Code of Organization and Civil Procedure, and the Commissioner for Oaths Act. It contains detailed information about the child(ren)'s current living situation, care arrangements, and welfare considerations. The document may be used in various contexts, including initial custody determinations, modifications to existing arrangements, or in response to custody disputes. As a formal legal document, the Custody Affidavit must be sworn before a Commissioner for Oaths and can be used as evidence in court proceedings.

What sections should be included in a Custody Affidavit?

1. Introduction and Personal Details: Identifies the deponent, including full name, ID number, address, and occupation

2. Child(ren)'s Information: Details of the child(ren) including full names, dates of birth, and current residence

3. Relationship Declaration: Establishes the deponent's relationship to the child(ren) and legal standing

4. Current Living Arrangements: Describes the present living situation of the child(ren) and custody arrangements

5. Care and Welfare Statement: Details regarding how the child(ren)'s daily care, education, and welfare needs are met

6. Other Parent Information: Information about the other parent and their involvement in the child(ren)'s life

7. Declaration of Truth: Formal statement confirming the truth of all information provided in the affidavit

8. Signature and Oath: Space for signature, date, and commissioner for oaths' certification

What sections are optional to include in a Custody Affidavit?

1. Child Support Arrangements: Details of financial support arrangements when relevant to the custody situation

2. Special Needs Provisions: Include when any child has specific medical, educational, or other special needs requiring attention

3. International Travel Arrangements: Required when there are international elements or travel considerations

4. Domestic Violence History: Include when there is relevant history of domestic violence affecting custody arrangements

5. Extended Family Involvement: Details about grandparents or other family members' involvement when relevant to custody

6. Previous Court Orders: Reference to existing court orders or legal arrangements affecting custody

7. Proposed Changes: Include when the affidavit is supporting a request for change in current arrangements

What schedules should be included in a Custody Affidavit?

1. Schedule A - Supporting Documents: List and copies of relevant documents (birth certificates, previous court orders, etc.)

2. Schedule B - Visitation Schedule: Detailed breakdown of current or proposed visitation arrangements

3. Schedule C - Educational Records: Copies of relevant school records, reports, or educational arrangements

4. Schedule D - Medical Information: Relevant medical records or health-related information if applicable

5. Schedule E - Financial Schedule: Details of financial arrangements and support if relevant to custody matters

6. Appendix 1 - Photographic Evidence: Relevant photographs of living arrangements or other physical evidence if required

7. Appendix 2 - Communication Records: Records of relevant communications between parties if pertinent to custody matters

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malta

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























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Relevant Industries

Legal Services

Family Law

Social Services

Child Protection

Public Administration

Court Services

Social Welfare

Education

Relevant Teams

Legal

Family Law

Court Administration

Social Services

Child Protection

Document Processing

Client Relations

Judicial Support

Alternative Dispute Resolution

Relevant Roles

Family Law Attorney

Legal Associate

Paralegal

Commissioner for Oaths

Court Clerk

Social Worker

Child Welfare Officer

Family Court Judge

Legal Secretary

Child Protection Officer

Family Mediator

Court Administrator

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