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Children Custody and Communication

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Michalaki, Pitsillidou & Co LLC > Practice Areas > Family Law > Children Custody and Communication
children custody

Children custody and communication

After the divorce of a married or an unmarried couple, normally the mother filed a petition in order to regulate the care of the child and the other party, namely the father can make a petition for his right to adequate communication with the child/children. Of course, and depending to the fact of any case the care of a child could be asked form the father and the communication accordingly from the mother.

Thus, after legal proceedings, the Court will decide which of the parents will take the childcare and custody, and it will regulate the right of communication of the other parent.

If both parents agree on the above matters, then a court order is issued directly and specifically regarding the right of communication and the days and time the other parent will be able to exercise his/her right of contact with his/her child/children.

If the parents cannot reach an agreement on the issues stated above, the court proceedings will continue through the written positions of both parties. Afterward, the Court will come up with a final decision bearing in mind the opinions of the parties as well as the Local Welfare’s Office Report. The Local Welfare Office will assign an employee of theirs to visit the home of each parent to prepare a report for the Court proceedings regarding the living conditions of the parents and child/children. The report will also be based on the opinion of children regarding, for example, with whom of the parents they want to stay with.

Childcare and maintenance

The parents are undoubtedly and inseparably responsible for the child/children’s maintenance up to the age of 18.

The parent who has the childcare and custody following a Court decision is entitled to claim child maintenance for the minor child/children from the other parent. The claim stated above must be filed through a petition at the District Family Court, where the children/child live(s).

The court considering the needs of the child/children and the income of each parent separately and jointly determines the child maintenance amount. Both parents must contribute to their child/children’s maintenance based on their income and financial needs and expenses. The support may be agreed upon between the parties, and then a Court order can be issued. However, if the parents do not agree on the above, the Court, through legal proceedings, decides on the amount of maintenance and issues a court order.

After the family court order, the parent is obliged to pay the maintenance amount to his/her child/children. Otherwise, the other parent can claim an arrest warrant against him/her. Adult children also have a right to maintenance if they are students. In this case, however, they must file a new petition at the District Family Court against the parent from whom they are requesting the maintenance.

Urgent petition for issuing a maintenance order without notice to the other parent

The parent who has the childcare and custody following a Court order, if he/she is not receiving any financial support from the other parent for the maintenance of the child, is entitled to file an ex-parte petition at the court meaning without giving notice to the other party. The procedure stated above through an ex-parte appeal is usually followed when financial support is urgent for the child. The Court will hear the case immediately following the filing of the petition and issue an order so that the child/children will be able to receive immediate financial support. However, some requirements must be met for the court to issue the order. The order stated above that is released is not final unless the court decides so. Moreover, the Court, before issuing the order, can request the opinion of the other parent against whom such an order is demanded.

Adoption

The adoption in Cyprus is divided to the adoption of a minor child or to the adoption of an adult.

For both cases the Social Welfare office will be involved and has a crucial role to the decision of the court if it will allow the adoption or not.

For the both cases, it is a mandatory for the parties to have a clean criminal record.

Regarding the adoption of an adult, the petition must be filed before the 21th year of the adult.

The whole procedure takes approximately 1.5 year to conclude.

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