In the event of separation or divorce of the parents, either by private agreement jointly signed by both parents or, in case of dispute, by court decision, custody of the minor child is assigned to one of the parents. The primary consideration must always be the “best interests” of the child, which are assessed on a case-by-case basis by the Court.
The parent to whom custody of the minor is assigned is entitled to decide on all matters relating to the child’s mental and physical development. Matters of custody include, indicatively, the child’s clothing, footwear, nutrition and housing, healthcare, regular monitoring of the child’s health condition, choice of physician, and selection of the school the child will attend, etc.
However, it should be emphasized that serious matters which do not concern the child’s daily care fall within the scope of parental responsibility, which is exercised jointly by both parents. Indicatively, issues such as the choice of religion, submission to major surgical procedures, and naming of the child constitute matters of parental responsibility requiring the joint decision of both parents.