Filenews 19 August 2022 - by Dora Christodoulou
The joint upbringing of minors by divorced parents is now also entering Cypriot jurisprudence and everyday life, with a decision of the Paphos Family Court.
The relevant decision was taken after the trial for almost six years of a case that the Paphos court had before it and is estimated to signal to us the joint custody of a minor child by both parents. In fact, for the first time in Cyprus, the child's place of residence is defined as both his homes and the custody and care is entrusted to both parents.
According to a court decision, parents are now required to hand over their minor child to each other as determined by a schedule. This decree specifies as the place of residence of the minor the respective place of residence of the parent with whom he will reside each time in the district of Paphos. The remaining aspects of the minor's parental responsibility, as decided by the bench, will be exercised jointly between the parties.
The president of the Family Court states in her decision that the testimony of the competent state official on the matter she was called upon to decide was objective and independent. Nevertheless, the President of the Paphos Family Court emphasizes in her decision that she cannot accept her recommendation for the assignment and custody of the minor exclusively to the applicant, since no convincing reasoning or explanation was given by her as to the reasons that led her to make this recommendation. Also the president of the bench stated in her decision that she does not find her agreement with the recommendation of the Commissioner for Child Protection that in this case it is not appropriate to issue a joint custody order since this, according to her, would not serve the interest of the minor due to a conflicting relationship of his parents.
The Commissioner for Legislation Louisa Zanettou, in a post on social media, observed that the case proves that when there is will and perseverance a child can grow up with both his parents by his side.
