Child Custody in Cyprus

Updated: January 23, 2026

Under the Parents and Children Relations Act of 1990, the Family Law Act of 1975, and the general principles of Cyprus family law, parental responsibility is joint. Following a divorce or separation, both parents are expected to care for their children and share parental responsibilities equally, unless a court decides otherwise.

When parents cannot agree on matters relating to the upbringing of their children, either parent may appoint a family lawyer and file a child custody petition before the District Family Court. The court will then determine custody arrangements and communication rights by issuing a court order.

A custody petition may be filed when:

the parents are divorced or separated, or
the children reside in Cyprus following the divorce.

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📓 Jurisdiction and Types of Custody

The competent court for child custody matters is the Family Court of the district where the children have their permanent residence.

Based on the circumstances of each case and the best interests of the child, the court may grant:

joint custody (shared parental responsibility),
sole custody, or
exclusive custody.

Where one parent is granted custody, the other parent is usually granted communication and visitation rights, which are determined through the same court proceedings.

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📑 Meaning of Sole or Exclusive Custody

Sole or exclusive custody means that the parent granted custody:

lives with the children and may reside with them anywhere in the world, and
may make decisions concerning the children’s daily life without requiring the other parent’s consent, including decisions relating to education and medical treatment.

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🇨🇾 Father’s Custody Rights in Cyprus

If custody is granted to the mother and the father resides in Cyprus, the father:

retains the right to communicate with and visit the child, and
has the right to participate in important decisions affecting the child’s future, such as education and medical care.

Any agreement between the parents on custody or communication should be formalised through a court order, which is legally binding.

At the request of either parent, the court may intervene and decide on matters relating to:

education,
health, and
travel abroad.

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ℹ️ Can a Father Obtain Sole Custody in Cyprus?

Cyprus case law confirms that custody decisions must always serve the best interests of the child, not the interests of either parent (see Kkoufou (1997) 1 AAD 1588).

If the children:

permanently reside in Cyprus,
attend school in Cyprus, and
have an established social and family environment,

custody is likely to remain with the parent with whom they primarily live, especially if the other parent resides abroad.

The court will also consider:

the children’s age,
their personal views, if they are considered mature enough to express them, and
their emotional, educational, and social needs.

There is no fixed age at which a child’s opinion is taken into account; maturity is assessed on a case-by-case basis.

For custody to be removed from the mother and granted to the father, clear and convincing evidence must be presented. Examples include:

neglect,
abandonment,
verbal or physical abuse, or
failure to properly care for the children.

💠 Welfare Office Report and Children’s Environment

In custody proceedings, the court usually requests a report from the Cyprus Welfare Office. A welfare officer:

visits the home where the children reside,
interviews the children and the parent(s), and
submits a report assessing the children’s living conditions and well-being.

The court will also consider factors such as:

whether the children were born or raised in Cyprus,
their familiarity with Cypriot culture, lifestyle, and environment, and
whether changing their environment would benefit or harm their well-being.

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⏳ Timeframe for Child Custody Proceedings

There is no fixed timeframe for completing a custody case. The duration depends largely on:

the complexity of the case, and
the willingness of the parents to cooperate.

At any stage of the proceedings, parents may reach an agreement and request the issuance of a consent court order, concluding the case earlier.

If no agreement is reached, custody proceedings may take one year or longer.

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🏷️ Custody Petition Procedure

A custody petition sets out:

the facts of the case, and
the legal reasoning supporting the request.

Once filed, the petition is served on the respondent, who may:

appear before the court, or
appoint a lawyer to file a defence.

If the respondent fails to appear, the case is set for proof. The court will then typically request a Welfare Office report and provide further directions on how the case will proceed.

Once a custody or child maintenance order is issued, the parent with whom the children reside may apply for a single-parent allowance from the competent authorities.

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📖 Father’s Rights Where the Mother Abandons the Child

Child abandonment is a criminal offence under Article 54 of the Children’s Law (Cap. 353).

If the mother:

abandons the children, or
demonstrates serious deficiencies in exercising parental care (such as leaving children unattended or engaging in family violence),

the father may file a custody petition. In such cases, the court may remove custody from the mother and grant it to the father, always prioritising the child’s welfare and best interests.

Conclusion

Child custody decisions in Cyprus are guided by one fundamental principle: the best interests of the child. While parental responsibility is generally shared, the court may intervene where disagreement or unsuitable parental conduct exists.

Each case is examined individually, taking into account the children’s welfare, stability, and environment.

Our firm provides specialised legal advice on all family law matters. Please contact us for further information or assistance.