Custody case

The client came to us and informed us that, following her separation from her husband, they had agreed and were in fact applying in practice an arrangement of shared care and contact with their minor child, with a 50%-50% time-sharing arrangement, without any dispute or conflict between them.

To her great surprise, at a later stage she was served with court documents, through which she learned that her husband had proceeded before the Court seeking the assignment to him of the custody and care of the minor, as well as the determination of the minor’s place of residence as being with him. Subsequently and following communication between them, she was informed that the court proceedings would not be pursued and that the matter would be resolved amicably.

However, when she realised that the other side’s actions were not consistent with what she had been told, she understood that something was wrong and sought legal advice from our firm.

Upon reviewing the court file, we discovered that an interim court order had already been issued against her and, due to her non-appearance, had become absolute. This court order concerned the determination of the child’s place of residence with the father, the assignment to him of the care of the child and the placement of the child’s name on the stop list.

We immediately advised her that, in the circumstances, it was imperative to proceed without delay with an application to set aside the interim order which had become absolute, and this is exactly what we did. We promptly filed the relevant application with the Court and successfully achieved the setting aside of the court order which had been issued in her absence.

This decision is particularly significant, as no similar decision had previously been issued in Cyprus in a Custody case and it effectively establishes an important judicial precedent, especially as regards the protection of the right to be heard and the paramount importance of the child’s best interests.

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🔗 Read the court's decision 

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