International Family Law: a shield of protection for the modern family

By Anna Demetriou and Petros Papadopoulos

Those dealing with cross-border family law matters in Cyprus—whether they concern issues of jurisdiction, child abduction, or divorce, maintenance and parental responsibility applications with an international dimension—are quite understandably likely to feel anxious during a volatile and transitional period of their lives, in which they must navigate a complex legal framework that requires specialized knowledge of both international family law and national legislation.

The purpose of this article is by no means to provide legal advice, but rather to decode the main issues that arise from international family law in Cyprus and to briefly outline the legal framework, to somewhat ease any concerns.

One issue that frequently arises is whether a family court has jurisdiction to hear a case. This is particularly evident, for example, in cross-border cases of parental responsibility. Within the European Union, the issue of jurisdiction in matters of parental responsibility is regulated by Regulation (EU) 2019/1111. According to article 7 of Regulation (EU) 2019/1111, the courts of the Member State in which the child has their habitual residence at the time the court is seized have jurisdiction. In particular, the relevant court carries out a holistic assessment of the factual circumstances that demonstrate the child’s genuine integration into their social and family environment.

Regarding the matter of jurisdiction, a relevant issue is that of property disputes that may arise between foreign spouses who reside abroad but own property in Cyprus. Τhe Law on Family Courts Νο. 23/1990 and specifically section 12(1)(d) provides that jurisdiction lies with the family court of the district in which the immovable property is located.

Furthermore, if a couple is struck by the scourge of marital breakdown and incompatibility, separates, and one parent abducts and wrongfully removes the minor child, then procedures under the Hague Convention on the Civil Aspects of International Child Abduction of 1980—of which Cyprus is a party—must be activated. This Convention governs the procedures to be followed in cases of child abduction and their retention abroad. It is problematic when a State is not a party to this Hague Convention and when there is not at least a bilateral treaty providing for cases of international child abduction.

Of course, in a global society where families and people in general move across borders and countries, it is very common for problems to arise after the dissolution of a marriage, such as issues of maintenance and custody of minor children. For example, imagine that maintenance and parental responsibility court orders have been issued in a foreign country, and one parent wishes to relocate to Cyprus. What exactly happens in such a case? Are foreign court orders valid?

In such cases, it is particularly important whether the foreign State where the relevant court orders were issued is a Member State of the European Union or not. If the order was issued in an EU Member State, then it is automatically enforceable under Regulation (EU) 2019/1111. However, if it is a foreign order issued in a third country outside the European Union, one must examine whether there is a bilateral treaty providing specific recognition procedures or whether the relevant States are both parties to another international convention governing the issue. For example, regarding divorces relevant is the Hague Convention of 1970, regarding maintenance matters the Hague Convention of 2007 applies, and regarding parental responsibility matters the Hague Convention of 2006 applies.

In summary, with proper guidance, anyone can overcome their concerns. They can stand tall and gain courage, with the strength to stand independently on their own feet and walk with confidence. Whether it is a divorce, an international child abduction, an application for recognition of a foreign custody or maintenance order -any family difficulty- is something deeply personal, sometimes painful and psychologically burdensome. Nevertheless, whatever the question may be, the answer can always be one: the best interests and welfare of the children of each family.

Anna Demetriou, Advocate/ Partner at Elias Neocleous & Co. LLC/ Fellow of the International Academy of Family Lawyers.

Petros Papadopoulos, Advocate/ Associate at Elias Neocleous & Co. LLC.