Child Custody and Parental Care
Child custody in Cyprus is based on court decision which is on the best interests of the child
Cyprus courts have the power to decide the parental care of a child, even if in circumstances where they are only visiting Cyprus temporarily.
Both parents have responsibility for providing parental care and child custody in Cyprus. However, if there is a dispute between the parents over the exercise of parental duties, the Family Court will make a decision, which is in the best interests of the child.
The Court will take into account the child’s relationship with each parent and other family members, and consider any agreement between the parents concerning child custody in Cyprus.
A child’s wishes will also be considered before any decision is reached, depending on age and maturity.
Right of access and communications
A court can rule that it is in the best interests of a child to keep in touch with both parents. This means that a parent living apart from the child has a right of access and communications, so too the grandparents. A parent who does not have parental care of the children is still legally entitled to seek a right of communication.
In cases involving very young children, or young girls in particular, the courts tend to favour the mother while the father may be given custody in the case of an older boy.
A court may issue an interim order to allow temporary access and communication before a final judgement is made.
Both parents are also jointly responsible for the support and maintenance of the child, which in some cases, may continue after 18 years of age to enable study in further education. The court may issue an interim order for the maintenance of a child before a final settlement is reached.
Calculated according to the needs and welfare of the child
The amount of maintenance is calculated according to the needs and welfare of the child, including education, and is based upon the standard of living and income generated by the parents prior to the separation. A child maintenance order can be modified if there is a later change in circumstances.
The parental care of a child born outside marriage is the responsibility of the mother. The biological father must recognise a child as his own by voluntary or “judicial recognition” to have the right to exercise parental care, accompanied by an obligation to pay maintenance.
Cyprus lawyers, Michael Legal Firm are Family Law specialists with over 25 years’ experience in the successful negotiation of child custody, maintenance and parental care.
Frequently Asked Questions
Family law in Cyprus governs all cases related to family and matrimonial issues. Most of these have to do with marriage dissolutions, parental care, maintenance, adoption as well as property issues, and are usually resolved by the Family Courts. In order that the Family Courts have jurisdiction, at least one of the parties need to be Cyprus residents. This means a continuous period of stay of at least three months. In case a dispute involves property, Cyprus residency is not an issue.
Child and family law in Cyprus deals with family disputes and parental care. Where children are involved, child custody Cyprus proceedings will determine the parent who will bring up and look after the minor. At the custody proceedings, the minor’s education and place of residence will also be taken into consideration. Custody may be granted to either one or both of the spouses as long as they agree on the place of residence. Cyprus family courts will take into account the best interests of the child as well as his/her wishes when it is appropriate to do so. This will depend on the child’s age and maturity.
The exercise of parental care will be granted by the family courts in Cyprus. Following the dissolution of marriage, a child custody petition will be filed at the competent court with the assistance of a lawyer. The court hearing will determine the parent who will gain custody, the visitation rights and the amount of maintenance paid.