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Joint custody and alternating residence are modern forms for regulating parental responsibility, bringing significant legal and social issues to the forefront.
In Cyprus, where sole custody predominates, the prospect of establishing joint custody presents new challenges.
But what is the true meaning of joint custody, and how can it truly benefit the child's best interests?
Joint custody constitutes the shared exercise of parental responsibility by both parents, even after their separation. Its purpose is to maintain the active presence and participation of both parents in the upbringing, education, and emotional development of the child. Exercising joint custody involves making joint decisions on essential matters concerning the child's life, such as education, health, and determination of the place of residence, always with the best interests of the minor as the guiding principle
Joint Custody in Cypriot Law
Pursuant to Law 216/1990, parental responsibility is exercised with the paramount consideration of the child's best interests. Nevertheless, in Cyprus, there remains considerable confusion between the concepts of parental responsibility and custody, leading to misunderstandings both in legal practice and in public perception.
Although custody is not legally linked to the parent's gender, it is traditionally awarded to mothers, primarily due to the social perception that fathers either do not wish to or are unable to take an active role in the daily care of their children.
The Parents and Children Relations Law (Law 216/1990) remains largely unamended to this day, despite repeated attempts to modernize it through legislative proposals. The proposed reform to establish joint custody, as part of a broader amendment to the provisions on parental responsibility, continues to raise concerns both in terms of practical implementation and legal formulation.
It is worth noting that even under the current legal framework, the Family Court has discretionary authority to establish custody arrangements that, in practice, closely resemble joint custody.
This demonstrates that joint custody is truly effective only when there is genuine cooperation and communication between the parents.
With the proposed change, joint custody will become the default arrangement, unless there are serious reasons to exclude it.
The fundamental issue is to cultivate a new mindset, where the involvement of both parents in raising the child is not merely considered a right, but a clear obligation, especially on the part of the father.
The Best Interests of the Child
Joint custody of children, when parents separate, is like a mighty river flowing between two banks. The banks are the parents, distinct yet equally vital, shaping the river's course. The river, representing the child, belongs to neither bank but journeys freely between them, drawing strength, stability, and guidance from both sides.
If the banks/parents are balanced and steady, the water/child flows calmly, bringing life to everything it touches. But if one bank becomes unstable or too harsh, the river can become troubled and overflow from the strain of a one-sided flow. The child needs their parents not as opponents, but as partners traveling together on life's journey.
The principle of the best interests of the child constitutes the cornerstone of family law decisions. The court examines each case with regard to stability, psychological well-being, and ensuring a meaningful relationship between the child and both parents.
Alternating Residence
Alternating residence, where the child lives alternately with each parent, is one form of implementing joint custody, although it is not always considered the most advantageous solution.
Although it may, under certain conditions, enhance the involvement of both parents in the child's daily life, it may also lead to emotional instability and feelings of insecurity, especially when communication between the parents is inadequate or when the child is constantly moving between two homes.
Cypriot law does not explicitly recognise alternating residence; however, the Family Court may order it after evaluating factors such as the child's age, the distance between the parents' homes, the parents' ability to cooperate, and the overall stability of the child's environment.
Therefore, alternating residence can be beneficial only when there is a high level of understanding and maturity between the parents, as well as when the child feels emotionally secure in both environments.
Conclusions and Prospects in Cyprus
The strength of joint custody lies in the cooperation of the parents; however, every conflict has its own story for the children.
Cypriot jurisprudence remains cautious towards joint custody, but there are emerging tendencies for greater recognition of both parents' involvement, especially when cooperation exists.
The principle of the best interests of the child is now interpreted more broadly, taking into consideration the maintenance of a meaningful relationship with both parents, in accordance with international trends and the jurisprudence of the European Court of Human Rights (ECHR).
More precise criteria are anticipated for the implementation of joint custody and alternating residence, contributing to a more cooperative and child-centred framework of parental care in Cyprus.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
