Family Law

Children Custody Issues

Who gets the custody?

After a divorce or separation, in the case of unmarried couples with children, if the parents disagree on where a minor should stay or how often the child shall visit the other spouse for example, the aggrieved party can seek to obtain an order from the family court settling the matter. As with all other court cases, pleadings should be drafted carefully with the client’s input and the client should be professionally represented in court. Τhe best interest of the children is the primary objective here. We assist in all efforts to settle these cases without the need for a full hearing. Our practical and people oriented approach aims to achieve a good balance between the wishes of the parties especially in the initial crucial stages of separation when children are most vulnerable. On the other hand, where a settlement is not possible we fight in court to safeguard the rights of our clients as parents, always with the interest of the children in mind. The aim is to ensure communication with both child’s parents and avoid parent alienation but at the same time protect the child from any damaging behaviour of the parents.

Communication of child with non-custodial parent

When two parents part ways, it is usually in the best interest of their children, to spend time with both parents. To ensure stability, it is important to arrange a visit schedule of the child to the non-custodial parent. We recommend that any such agreement is secured by a court order to avoid misunderstandings and future complications. There are no strict rules and each case is viewed on its own merits. Any bitterness should be set aside to safeguard the best interest of the children. We handle such cases on behalf of our clients by carrying out negotiations on their behalf and if necessary, we take the case to court where we handle it with professionalism and rigour. Contact us for more information.

Mentally unstable and dangerous parent

However, when a parent has psychological issues or unhinged and unstable behaviour this behaviour alone pushes a child away from the parent and we advise our client of the measures he or she must or must not take. In rare cases when this behaviour is dangerous for the physical and/or psychological well-being of a child, we assist our clients to file the proper action in the family court and ensure that an order is issued to protect the children and at the same time maintain as much as possible an open and safe channel of communication with the problematic parent.

For more extreme measures in other courts see:

  • Domestic Violence
  • Interim order in civil action
  • Compulsory psychological examination
  • Other criminal cases

International Child Abduction

When a minor who normally lives with his mother is taken by his father to another country without the permission of the mother, and persists in keeping the minor in that country, is a classic case of international child abduction. The mother should contact a lawyer in order for the proper steps to be taken through the Ministry of Justice in accordance to the International Hague Convention on the Civil Aspects of International Child Abduction of 1980.

The above information is not intended to be used as a legal opinion and are merely examples to aid the reader in better understanding their legal position. Please feel free to contact us today if you require legal advice for your specific situation.