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After a marriage or relationship breakdown, when a child is involved, everyone’s target should be the child’s best interest.
The Relations of Parents and Children Law (216/1990) provides for mandatory child maintenance and identifies the parents as jointly responsible for their children’s maintenance until the age of 18.
Several points may need to be addressed in cases involving children in Cyprus, including:
- custody and residency of the children in Cyprus;
- contact and communication between the parents and their children in Cyprus;
- the children’s finances in Cyprus; and
- parental responsibility issues.
In such cases, it is important to ensure that each parent will have obligations that fit their personal circumstances and financial strength, and meet the needs of the child.
Considerations in court
Generally, when deciding on the above, the court may take into consideration a number of matters relating to the child, such as:
- the wishes and feelings of the child (depending on their age);
- the child’s sex, age and particular characteristics;
- the child’s educational and emotional needs;
- the parents’ standard of care and living;
- the parents’ economic abilities and strength;
- the parent’s capabilities of meeting the child’s needs.
In Cyprus, parental responsibility is assigned in the following ways:
- The mother has parental responsibility by virtue of giving birth to the child;
- A father will automatically have parental responsibility if he was married to the mother at the time of the child’s birth or shortly after;
- A non-married father will have parental responsibility if he is named on the birth certificate.
Parental responsibility gives a variety of rights to the parent regarding all decisions about a child’s upbringing and all important matters that will affect the child’s education and religion, among other things. Although parental responsibility in Cyprus gives the parent a significant number of rights, there is a statutory obligation to exercise those rights in the best interest of the child.
The information provided by A.G. Paphitis & Co. LLC is for general informational purposes only and should not be construed as professional or formal legal advice. You should not act or refrain from acting based on any information provided above without obtaining legal or other professional advice.
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