Parental care according to the law may include the naming of a child, the custody, the care, the communication with the child, the representation of the minor, the administration of the property etc. Custody is one of the dimensions of parental care, which is mainly relevant to the bringing up and looking after the minor including health, education and place of residence.
An application is filed under Law 216/90, which is not limited to the two parents, but also direct relatives and the Director of the Social Welfare Services may also file a relevant application. The Court rules on the application based on several criteria. It is usual practice that the Social Welfare Services shall submit a report regarding the welfare of the minor and the ability of the parent requesting custody and care to fulfil his or her obligations. Furthermore, the Court takes into account the child’s interests as well as the child’s wishes, taking in account the age.
The exercise of parental care may be accorded to either one of the spouses, or to both in common if they agree on the child’s place of residence, or even to a third party if that is necessary for the child’s interests.
Cyprus law permits a spouse to apply for the exclusive use of the matrimonial home in case of separation and regardless of who owns the home.
The Court in making a decision will take into account equity as well as the particular circumstances of each spouse and the best interests of their children. The violent behaviour of the respondent spouse is also an important factor, which will be taken into account by the Court. The Court may grant the exclusive use of the whole or part of the house that is used as the matrimonial home. The decision of the Court can be reviewed when this is imposed by the circumstances surrounding the case and the decision ceases to have effect when the divorce is issued.
Family law is a highly sensitive area of law. Our team of Lawyers is able to advise on issues such as the divorce procedure, custody of children, parental guardianship and responsibility, alimony and property disputes, financial settlement advice, non-compliance with court orders, domestic abuse, adoptions, asset tracing, emergency interim relief and injunctions, enforcement of foreign judgments under international conventions, advice on cross-border family disputes. If you wish to speak to one of our lawyers in absolute confidence please contact us.