Child custody in Cyprus
Updated:
Cyprus custody law sits in the Parents and Children Relations Law 216/1990. Married parents hold and exercise parental responsibility jointly, and every decision they take under it has to serve the interest of the child.
Divorce changes that. Under section 14 of Law 216/1990 the Family Court regulates the exercise of parental responsibility. It can give it to one parent, leave it with both jointly where they agree and fix where the child will live, divide it between them, or hand it to a third person.
Where the parents disagree over the upbringing of their children, one of them can appoint a family lawyer and file a custody petition at the Family Court to set custody and contact by court order. The petition can be filed where the parents live apart, or where the children are in Cyprus after a divorce in Cyprus.
Section 7 of Law 216/1990 covers the narrower case. Where the parents disagree on a single matter and the child's interest calls for a decision, either of them can put that matter to the Court on its own.
The petition goes to the Family Court for the district where the child is habitually resident. Three Family Courts are in operation: Nicosia and Kyrenia, Limassol and Paphos, and Larnaca and Famagusta. Each case is heard by a single judge.
Contents ˅
- What a custody order in Cyprus settles
- What sole custody of a child means in Cyprus
- Where the father stands
- What the Court considers when custody goes to one parent
- Taking a child abroad
- Grandparents and contact
- How long a custody case takes
- The custody petition and what follows
- When a parent abandons the child
- Talk to a custody lawyer in Cyprus
- Frequently asked questions
What a custody order in Cyprus settles
A custody order deals with four separate things:
- The exercise of parental responsibility under section 14, which can go to one parent, to both jointly where they agree, be split between them, or pass to a third person.
- Custody of the person of the child under section 9(1), which covers upbringing, supervision, schooling and where the child lives.
- Contact for the parent the child does not live with, under section 17(1). It is a right of personal contact, not a concession from the other parent.
- Any single matter either parent brings before the Court, from education and health to the child's property, name, maintenance and travel abroad.
Parents who agree can have their terms issued as a consent order. It binds both of them and can be enforced in the same way as an order made after a contested hearing.
Money is decided separately. Child maintenance and the division of matrimonial property are their own petitions, usually filed alongside the custody one.
What sole custody of a child means in Cyprus
Sole custody means the Family Court has given custody of the person of the child to one parent. Under section 9(1) of Law 216/1990 that covers upbringing, supervision, schooling and where the child lives.
It does not hand over every decision. Matters outside custody in the narrow sense, the management of the child's property among them, can stay with both parents.
Moving the child abroad is a separate question again. It needs the other parent's consent or an order from the Court.
Where the father stands
If the father lives in Cyprus and the Court gives parental care to the mother, he keeps a right of personal contact under section 17(1). That covers visits, time at his home, and the pattern of contact the order sets out.
He keeps a say in decisions about the child's future alongside the mother, on matters such as medical care or schooling. Any agreement the parents reach on this should be issued as a court order, which binds both of them.
On either parent's application, the Court can rule on a single question concerning the child's education, health or travel abroad without reopening custody as a whole.
What the Court considers when custody goes to one parent
Case law sets one test. In Kkoufou v. Kkoufou (1997) 1 AAD 1588 the appeal court held that when custody and care go to one parent, the sole criterion is the interest and welfare of the child, and that the court weighs the evidence as a whole rather than any single fact.
A parent who frames the case around their own position rather than the child's is arguing the wrong point.
Where the children are habitually resident in Cyprus, attend school here and have friends or relatives on the island, custody is likely to stay with the parent they live with if the other parent lives abroad.
The Court weighs what the children are used to: the home, the school, the language, the climate and the daily life around them. It asks whether moving them out of that would serve their welfare.
The child's own view
Section 6(3) of Law 216/1990 requires the Court to take account of the child's opinion according to their maturity and understanding. No age threshold is written into the law, and case law fixes none either.
A child the Court finds mature enough is heard through a procedure of the Court's own, away from argument between the parents. Article 21 of Regulation (EU) 2019/1111 says the same for cross-border cases: a child capable of forming a view gets a genuine and effective opportunity to express it.
When custody is taken away from a parent
Section 6(2) of Law 216/1990 requires the Court to respect equality between the parents and to make no distinction on grounds of sex. Neither parent starts ahead.
Custody is removed under section 18 where it is being exercised badly enough to put the child at risk, on evidence the other parent puts before the Court. Physical abuse, verbal abuse, abandonment and neglect are the usual grounds. Where lesser measures would not remove the danger, the Court can place the child with a guardian instead.
The Court considers the report prepared by the Social Welfare Services, which sets out what the officer found about each parent and the child.
Taking a child abroad
A parent who holds parental responsibility has to consent before the child leaves Cyprus with the other parent. That covers a two week holiday and a permanent move alike. The narrow exception is a parent who holds no parental responsibility.
Relocation is not a decision one parent makes alone. Where the other parent objects, the move needs a court order, and the Court decides it on the child's interest like any other custody question.
A passport for a child under eighteen needs the consent of both parents. gov.cy runs a Parent's Consent service through which one parent consents online to the other applying for the child's passport.
Where there is a real risk that the other parent will take the child out of the Republic without consent, notify the police and apply to the Family Court for a stop-list order. The other parent is then stopped at the port or the airport and cannot remove the child.
If the child has already been taken, speed matters. The routes back run through Regulation (EU) 2019/1111 inside the EU and the 1980 Hague Convention outside it, both set out in the questions below.
Grandparents and contact
Section 17A of Law 216/1990 gives the child's ascendants, grandparents among them, a right of personal contact with the child. No one may obstruct that contact other than for a serious reason connected with the child's interest.
Where a parent blocks it, the grandparents can ask the Family Court to regulate contact. The Court sets the terms on the same welfare test it applies between parents. The right sits with the child's relationship to the grandparent rather than with either parent's wishes.
How long a custody case takes
No fixed timetable governs a custody petition. Each case is given a number and moves at the pace the parents set.
Parents can settle at any stage and turn the terms into a court order, which ends the case early. Where they fight it out, our own cases have typically run a year or longer from filing to final order.
No published court average exists for custody proceedings. The Republic notes that the only emergency procedure in child cases is the one for abduction, with other family cases given priority in practice.
The custody petition and what follows
The petition sets out the facts of the case and the reasoning behind the request. Once filed, it is served on the Respondent, who can appear at the hearing or appoint a lawyer to represent them and ask for time to file a defence.
If the Respondent does not appear, the case is set down for proof on another date.
The Court asks the Social Welfare Services for a report. An officer visits the home where the children live, speaks to the children and to the parent they live with, and reports back.
The Court then reviews the material and gives directions on how the case proceeds.
Appealing a custody decision
An appeal against a Family Court decision goes to the Court of Appeal. Under Article 9(4)(b) of Law 33/64 that court hears appeals from any court other than the Administrative Courts, the Supreme Constitutional Court and the Supreme Court.
Older material still refers to the Appellate Family Court, including the Republic's page on the European e-Justice Portal. The judiciary's own court pages carry the current position.
Legal aid
Legal aid covers proceedings on parental responsibility under the Legal Aid Law 165(I)/2002, subject to the criteria set out in that law and to an order of the Court granting it.
The single parent family benefit
A parent raising the children on their own may qualify for the Single Parent Family Benefit, paid by the Welfare Benefits Administration Service under the Deputy Ministry of Social Welfare. Separated spouses qualify once there is a divorce from the Family Court or an ecclesiastical divorce certificate.
Gross family income for the previous year has to stay at or under €49,000. The monthly payment per dependent child is €216.25 up to €39,000 of family income, and €192.78 between €39,000.01 and €49,000. Child maintenance you receive counts towards that income.
Applications go through CYLogin. For 2026 the deadline is 31 December 2026, and anyone who received the benefit for 2025 does not reapply.
When a parent abandons the child
Abandoning a child is a criminal offence under section 54 of the Children Law, Cap. 352. It applies where a person aged sixteen or over who has the custody, charge or care of a child under sixteen wilfully assaults, ill-treats, neglects, abandons or exposes that child in a way likely to cause unnecessary suffering or harm to health.
Family violence, or leaving young children at home unattended, is enough to bring the other parent to the Family Court with a custody petition.
The Court can take the exercise of parental responsibility away from the parent at fault under section 18 and give it to the other one. The test is the same as everywhere else: the interest and welfare of the child.
Talk to a custody lawyer in Cyprus
Custody cases turn on evidence and on how the case is put to the Court. Our family law team files custody, contact, maintenance and relocation petitions across all three Family Courts.
The first consultation is free. Contact us and we will tell you where you stand.
Frequently asked questions
Who will have the children's custody, and what are the communication rights?
Married parents hold and exercise parental responsibility jointly. Where they disagree on a matter that needs deciding, either of them can put it to the Court under section 7 of Law 216/1990.
Upon divorce the Family Court regulates the exercise of parental responsibility under section 14. It can give the exercise to one parent, leave it with both jointly where they agree and name where the child will live, divide it between them, or appoint a third person.
The parent the child does not live with has a right of personal contact under section 17(1). The parents can agree how to exercise it. If they cannot agree, the Court decides.
By Court we mean the Family Court for the district where the child is habitually resident.
What rights does a father have in Cyprus?
The father holds parental responsibility, and with it custody and contact rights.
On the surname, section 3 of Law 216/1990 lets the parents fix it by joint written declaration before the registrar for the child's place of birth, within three months of the end of the month of birth.
The name chosen is common to all their children and can be one parent's surname or a combination of two at most. Where no declaration is filed, the children take the father's surname.
Upon divorce a father keeps his right of contact and visitation. If the parents cannot agree the terms, the Court decides on the child's best interests.
Where the parents were never married, section 16 of Law 216/1990 gives parental responsibility to the mother. The father acquires it once he recognises the child. Recognition is what counts here, not the entry on the birth certificate.
A father who has recognised the child can apply to the Family Court for contact if the relationship breaks down. A father who has not can bring proceedings to establish paternity first.
What are the decrees of parental care, child custody and communication?
These are the orders the Court makes when the marriage between the parents ends. The Court rules on the exercise of parental responsibility, on who the child lives with, on contact for the other parent, and on any further matter either parent puts before it.
Parents who agree can have their terms issued as a consent order, which carries the same force as an order made after a contested hearing.
What are the main provisions in Cyprus regulating the child/ parent relationship?
The child is entitled to care and a responsible upbringing from their parents. Responsible upbringing covers decisions about raising the child, their health, their future and their property. The law calls this parental responsibility.
The Court removes parental responsibility from one or both parents only for serious reasons, under sections 18 to 20 of Law 216/1990. That decision can be revisited when the circumstances change.
Upon divorce the Court decides who the child lives with and what contact the other parent has.
What happens if the parents are separated?
Parents who separate can agree on residence and contact and give effect to the agreement through a court order. If they cannot agree, the Court decides.
Joint exercise of parental responsibility continues where both parents agree on it. A parent who breaches their duties towards the child, or exercises them abusively, can have parental responsibility removed by the Court under section 18.
Where the parents were never married, the father has rights once he has recognised the child.
Which Family Court do I file in?
The Family Court for the district where the child is habitually resident. Three Family Courts are in operation: one for Nicosia and Kyrenia, one for Limassol and Paphos, and one for Larnaca and Famagusta.
Each case is heard by a single judge.
At what age can a child choose which parent to live with?
Cyprus law sets no age. Section 6(3) of Law 216/1990 requires the Court to take account of the child's opinion according to their maturity and understanding, and case law fixes no threshold either.
A child the Court finds mature enough is heard through a procedure of the Court's own. The view carries weight, and it does not decide the case on its own: the interest and welfare of the child remains the test.
How long does a custody case take in Cyprus?
There is no fixed timetable. Where the parents fight the case out, our own files have typically run a year or longer from filing to final order.
Agreement is what shortens it. Parents can settle at any stage and have the terms issued as a consent order, which ends the case without a full hearing.
No court in Cyprus publishes an average duration for custody proceedings. The only emergency procedure in child cases is the one for abduction, with other family cases given priority in practice.
Can grandparents get contact with a grandchild?
Yes. Section 17A of Law 216/1990 gives the child's ascendants, grandparents included, a right of personal contact with the child. Nobody may obstruct it other than for a serious reason connected with the child's interest.
Where a parent blocks contact, the grandparents can apply to the Family Court to regulate it.
Do I need the other parent's consent to get a passport for my child?
Yes, for a child under eighteen. Both parents have to consent to the passport application.
gov.cy runs a Parent's Consent service through which one parent gives that consent online for the other to apply.
Will I be allowed to relocate to another country if the non-custodial parent of the child objects?
No. The other parent has to consent, and where they refuse, the move needs an order from the Family Court, which decides it on the child's interest.
The one case where consent is not needed is where the other parent has lost parental responsibility or never had it, which covers an unmarried father who has not recognised the child.
Is it permissible to travel overseas with my child?
You can travel overseas with the child where the other parent consents. The rule applies to holidays and to any other trip alike. The exception is a parent who holds no parental responsibility.
Can you tell me more about the stop-list?
If you believe there is a danger that the other parent will take the child abroad without your consent, you will notify the police and apply to the Family Court for a stop-list order.
In such a case, the other parent will be stopped at the port or airport and will not be allowed to remove the child from the Republic.
Can I get legal aid for a custody case?
Proceedings on parental responsibility fall within the Legal Aid Law 165(I)/2002. Legal aid is granted subject to the criteria in that law and to an order of the Court.
What happens if the other parent illegally removes the child from Cyprus and relocates to another country?
Where the child has been taken to another EU country, Regulation (EU) 2019/1111 applies. It has been in force since 1 August 2022, and under Article 24(2) the court of first instance in the other country has six weeks to decide the return application, save in exceptional circumstances.
Outside the EU, the route is the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Cyprus acceded to it on 4 November 1994 and it took effect on 1 February 1995.
Because Cyprus acceded rather than ratified, the Convention runs between Cyprus and a given state only where that state accepted the accession, so the country list is worth checking case by case.
Contact the Cypriot authorities as soon as you can. Delay works against you, because a child who has settled into the life of the new country may be allowed to stay there.
Where neither route is open, recovery runs through diplomatic channels and takes longer. Start with the police and your lawyer either way.
The Central Authority for Cyprus is the International Legal Cooperation Unit at the Ministry of Justice and Public Order, 125 Athalassas Avenue, 1461 Nicosia. It handles return and access applications under the Convention and works with its counterparts abroad.