We are pleased to share a successful outcome in a cross-border dispute under the Hague Convention on the Civil Aspects of International Child Abduction. Our firm represented the left-behind parent before the Family Court of Nicosia in proceedings concerning the unlawful removal of a child by the respondent.
The Court has ordered the child’s return to their habitual residence in another EU state. Key issues addressed in the proceedings included:
• Establishing the child’s habitual residence despite claims that the respondent was the primary caretaker, and persuading the Court that the respondent’s habitual residence is not synonymous with that of the child. The evidence showed that Cyprus was only a place for short and occasional visits, not the centre of the child’s life.
• Demonstrating the wrongful removal both factually, through the absence of the left-behind parent’s consent, and legally, by reference to the applicable foreign law confirming the left-behind parent’s custodial rights.
• Confirming the absence of any valid defence under the Convention. The respondent’s unsubstantiated claims regarding the alleged necessity for the child to remain in Cyprus, or personal difficulties in returning to the child’s habitual residence, did not meet the strict criteria under Articles 12, 13, or 20. The Court reaffirmed that custody and parental-capacity issues are legally irrelevant in these proceedings, and addressing them at this stage could undermine constitutional safeguards.
• We stressed that the applicable law is not exclusively national but international, deriving from a Convention binding on the Republic of Cyprus. Its incorporation into EU Regulation 2019/1111 further strengthens its normative force.
We are pleased with the overall outcome and remain committed to providing informed and diligent representation in cross-border matters.
