Cyprus Court Dismisses Father's Appeal in Custody Case Involving Children Living in Germany
The Court of Appeal of Cyprus has dismissed an appeal by a father challenging a Limassol Family Court ruling that Cypriot courts lack jurisdiction to hear the custody case of his four children.
The court previously ruled that the children are habitual residents of Germany, meaning German courts must preside over parental custody matters.
The case concerns four minors aged 3, 8, 11, and 14. The father filed the lawsuit in 2022, seeking full parental custody, the establishment of the children's residence in Cyprus, and a ban on their departure from the country.
According to the father, the mother unexpectedly left Limassol for Germany with the children in March 2021 while he was on a business trip. The man alleged child abduction and initiated return proceedings under the Hague Convention.
However, the mother, who holds Polish and German citizenship, argued that the relocation occurred with the father's consent following the couple's decision to separate. She stated the children moved to Germany for family and educational reasons.
A German court had also previously rejected the request to return the children to Cyprus.
The Court of Appeal upheld the lower court's decision, noting that the children are already integrated into the social and educational environment of Germany, where they have lived for over a year. Therefore, German courts have the sole right to handle custody issues.
The father's appeal was dismissed. The court also ordered him to pay legal costs amounting to 1,900 euros plus VAT.
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