Appeals court overturns mother's conviction for failing to comply with child access order

On April 30, the Appeals Court of Cyprus overturned a Limassol Family Court decision that had sentenced a mother to 15 days in prison, alongside the activation of a 25-day suspended sentence, for contempt of a 2019 child access order. The case originated from a 2022 application by the father, who alleged that the mother intentionally obstructed his contact with their child on ten occasions. The lower court found the mother guilty of intentional disobedience regarding two specific dates in April 2022. However, the Appeals Court reviewed evidence, including video footage, showing the mother was present and willing to facilitate access as ordered. The court concluded that the child consistently refused to go with the father, and the mother did not possess the required intent to defy the court order. Consequently, the appellate ruling established that the absence of visitation does not equate to criminal contempt without proof of deliberate obstruction. The decision highlights that a child's refusal to participate can be a decisive factor in cases involving access disputes.