When Custody is Given to the father in Cyprus
Child custody in Cyprus is governed by the Children and Parents Relations Law of 1990 (N.216/1990), with the primary goal being the best interests of the child. In cases of divorce or separation, the court decides which parent will have custody, often favoring the mother unless specific circumstances justify awarding custody to the father.
Recent Amendments and Impacts
The N. 2(Ι)/2023 amendment has modernized the processes within family courts by shifting from a three-judge to a single-judge composition. This allows for the resolution of all custody, alimony, and housing issues in a single application, thus reducing bureaucracy and legal costs (KHLawLab).
Furthermore, judges can now order psychological support for children without parental consent when deemed necessary. This provision strengthens the father's ability to argue for custody.
Case Law and Examples
- A.T. v. M.L.P (Case No. 23/2017): The Family Court of Paphos awarded joint custody, highlighting the importance of both parents' involvement in the child's daily life for its psychological well-being. This decision emphasized the value of equal participation in the child's upbringing and family stability.
- Stylianou v. Stylianou (1993): In this case, custody was granted to the father due to the more stable and supportive environment he could provide for the child's development. The ruling underscored the importance of emotional and psychological well-being for the minor.
- Iakovides v. Iakovidou (2000): This ruling favored the father, despite the mother's desire to relocate to the USA with the child, focusing on the father's ability to provide better conditions for the child's psychological and social growth.
Ways for Fathers to Claim Custody
- Parental Agreement: When both parents agree that the father is more suitable to take custody.
- Mother's Incapacity: If the mother cannot provide adequate care due to mental or physical issues.
- More Stable Environment: If the father can demonstrate that he offers a safer and more supportive environment.
- Psychological Bond: The court may consider the psychological relationship between the child and the father, especially if the child is mature enough to express their views.
Problems and Disagreements in Exercising Parental Responsibility
In case of disagreements between parents, the court can assign custody to one parent. If one parent neglects or mistreats the child, the court can revoke their custody rights.
- Damianou v. Damianou (1989): The court emphasized the importance of the independent opinion of the Welfare Office for ensuring the child's best interests. This ruling relied on a report from the Social Welfare Services to withdraw custody from the mother.
The Best Interests of the Child as a Determining Factor
The best interests of the child encompass their mental, spiritual, moral, and material well-being. The court must ensure balanced psychosocial development, considering the unique circumstances of each case.
Role of Social Welfare Services
The court typically seeks the opinion of the Welfare Office, which prepares a report on the suitability of the parents to take custody. This independent source of information is crucial for judicial decisions, as the court cannot decide without such a report.
Conclusions
Family justice in Cyprus is undergoing significant reforms aimed at safeguarding children's interests and ensuring equality between parents. The recent changes under N. 2(Ι)/2023 facilitate a fairer and more efficient process in custody cases, offering fathers greater opportunities to claim custody of their children, provided they can substantiate that this serves the child's best interests (KHLawLab).