Child custody after divorce

Child custody includes both the duty and the right of a parent to raise and care for his or her minor child. This concerns the physical well-being, safety and development of the minor child. Where the parents exercising joint parental authority decide to apply for divorce, the parents will, in principle, continue to exercise parental authority jointly.

Exceptions are possible: the court may decide that one of the parents has full parental authority. However, in making this decision, the best interests of the child are paramount. This is the case where there is an unacceptable risk that the child would be trapped or lost between the parents (and that situation is unlikely to improve sufficiently in the short term), or where the change of custody is otherwise necessary to serve the best interests of the child.

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