Cross-border parental responsibility disputes raise complex questions of jurisdiction, particularly where children have become settled in another country.
In a recent decision, the Cyprus Court of Appeal confirmed that jurisdiction must be determined by reference to the children’s habitual residence at the time the proceedings are filed, taking into account their real-life integration into their social and family environment. The case concerned four children who had relocated to Germany, where they had been living, attending school, and integrating socially.
Upholding the first-instance decision, the Court of Appeal found that the Cypriot courts lacked jurisdiction, as the children’s habitual residence was in Germany.
The judgment reinforces that, in international family law, the child’s best interests remain central, with courts focusing on the child’s actual circumstances rather than formal or disputed parental positions.
