Lithuania

If the parents divorce, the issue of exercising parental responsibility in the future is determined based on the type of divorce. If the marriage is terminated by mutual consent, the spouses are required to submit an agreement to the court. If the marriage is terminated based on a petition by one of the spouses, the court must decide on matters related to the children's residence and maintenance, spousal maintenance, and the division of the spouses’ joint property, unless the property has already been divided by a notarized mutual agreement (Article 3.59 of the Civil Code). A divorce that is due to the fault of both spouses has the same consequences as one terminated by mutual consent (Articles 3.51–3.54 of the Civil Code).

Regarding separation, one spouse may apply to the court to establish separate living conditions if they no longer wish to live with their spouse. The court must determine which parent the children will live with and resolve issues related to child maintenance and the participation of the separated parent (father or mother) in the children’s upbringing.

If the parents go to court, the judge may issue a decision on all issues related to their children, including residence, visitation/contact rights, child maintenance, and any other matters listed in the application submitted to the court.

A decision for parental rights to be exercised solely by one parent can only be made if the other parent’s parental rights are restricted. If a parent (father or mother) fails to fulfill their parenting duties, abuses parental rights, treats the children cruelly, negatively influences them through immoral behavior, or fails to care for them, the court may issue a ruling for temporary or indefinite restriction of their parental rights.

Latvia

In the case of separation or divorce, if the parents agree on parental responsibility and voluntarily comply with the agreement, there is no need for approval from any authority or the court.

If the parents go to court, they may request to exercise joint or sole parental rights. Joint parental rights end when, by agreement or court decision, these rights are granted to one parent. If both parents jointly exercise parental rights, either may act on behalf of the child in matters of personal and property-related relations. Parents jointly decide on all matters related to the child's development.

If the child's health or life is endangered by a parent (through intentional behavior or negligence), or if the parent abuses their rights or fails to care for the child, thus endangering the child's physical, mental, or moral development, the court may deprive that parent of parental rights. In such cases, the other parent is granted full parental responsibility.

When granting sole parental rights, courts consider the circumstances of the case, including which parent the child lives with at the time the case is filed and which parent exercises day-to-day parental duties. The child has the right to maintain personal relationships and direct contact with each parent (right to personal relations).

Cyprus

The concept of "parental responsibility" includes naming the child, caring for the child, managing the child’s property, and representing the child in any matter or legal transaction that affects the child or their property. In practice, it covers all matters related to the child as a person and their property.

Parental responsibility involves the duties and rights of parents, which are exercised jointly. In exercising this responsibility, the interests of the child must be taken into account (Article 6 of Law 216/1990).

In the event of separation or divorce, the parents can reach an agreement regarding parental responsibility, which must be ratified by the court with a judicial order.

If the parents cannot reach an agreement, the issue of parental responsibility is decided by the court, which may grant it to one of the parents, to both jointly, or to a third party (Articles 14 and 15 of Law 216/1990), after considering all circumstances that ensure the best interest of the children. If the court awards parental responsibility solely to one parent, it may also decide on the right of the other parent to maintain personal contact with the child, taking the child's best interest into account (Article 17 of Law 216/1990).

Italy

The usual form of exercising parental rights, which ensures shared parenting, is the joint exercise of these rights, where both parents share parental responsibility.

Decisions of major importance regarding the children—concerning education, upbringing, health, and the choice of the child's habitual residence—are made by mutual agreement between the parents and in the best interests of the child, taking into account the child's abilities, natural inclinations, and aspirations. On the other hand, for all routine administrative matters, parents may exercise parental responsibility independently (Article 337b of the Civil Code).

Shared parental responsibility does not necessarily mean that the child spends equal time with both parents. Usually, the separation or divorce ruling specifies the parent with whom the child will reside permanently, and the arrangements under which the other parent may spend time with the child are determined thereafter. It is also possible for the time children spend with each parent to be equally divided, if the parents live close to each other and lead similar lifestyles, provided that such an arrangement does not negatively impact the children's social or school life.

However, if joint parental responsibility is not in the best interests of the child, the judge may assign parental rights exclusively to one parent, with a reasoned decision (Article 337c of the Civil Code).

The most common cases in which parental rights are granted to only one parent are: 1. if one of the parents poses a danger to the physical or psychological well-being of the child (an abusive parent, a parent with a significant criminal record, a drug addict or alcoholic); 2. if the parent is unable to provide moral or material support or has shown no interest in the child; 3. if the parent denigrates the other parent in front of the child; 4. if hostility between the parents is so great that it could disrupt the child’s balance and psychophysical development.

Spain

If parents divorce or separate, the exercise of parental rights may be determined:
*at the request of both parents in a divorce settlement agreement (convenio regulador), which must be approved by the court;
*by a court decision in a contentious legal proceeding.
Parental responsibility, as a legal institution for the protection of minor children, is exercised by both parents.

The possible arrangements for care and parental rights in relation to minor children can be summarized as follows:
*assignment of parental responsibility to only one parent. Normally, a visitation schedule is established for the parent who does not hold parental responsibility;
*joint assignment of parental responsibility to both parents—minor children live with each parent in alternating periods;
*exceptionally, if circumstances require and in the interest of the child, a court decision may assign custody and parental rights to another person, either on the parents' proposal or directly by court decision.

In cases where a public authority is responsible for the care of minor children, the current arrangement remains in place and neither parent is granted parental rights.

The specific parental rights arrangement is decided on a case-by-case basis in accordance with the interests of the minor child.

Ireland

When the parents of a child divorce or separate, the exercise of parental rights and contact arrangements may be resolved by mutual agreement. When no agreement is reached, parents may apply to the court, and the judge may issue decisions regarding parental rights or contact arrangements.

Parents who have reached an agreement on parental responsibility must present it to the court and obtain a court order reflecting it, so that the agreement becomes legally binding. The court must be satisfied that the agreement adequately protects the child’s rights and may refuse to issue an order if it is not convinced that either or both parents are fulfilling their duties toward the child.

The judge may make decisions on any matter concerning the child’s welfare, including but not limited to issues of parental responsibility, guardianship, and personal relationships.

Joint parental responsibility is granted to parents if there is no deep hostility between the parties, allowing them to make joint decisions concerning the child's significant welfare and daily care. This does not mean that each parent is entitled to equal time with the child; rather, it ensures that both parents share the respective responsibilities concerning the child.

Estonia

If the parents are divorced or separated, they must decide how to arrange future matters related to the exercise of parental rights. They may agree on the joint exercise of the right of representation, but any change to the exercise of parental rights, including the termination of joint custody, can only be made through a court order.

Each parent has the right to apply to the court in proceedings initiated by an application to have parental rights over the child transferred to them either partially or entirely. The court can resolve disputes regarding the exercise of parental rights.

If parents have been granted joint parental rights, they must exercise these rights and fulfill their responsibilities jointly and by mutual agreement, taking into account the overall well-being of the child. Parents who share custody also have the right to joint legal representation of the child.

If jointly exercising parents cannot reach agreement on an important issue affecting the child, the court may, at the request of one parent, assign the authority to make that decision to one of the parents. When transferring decision-making powers, the court may restrict their exercise or impose additional duties on the parent to whom the powers are granted.

When addressing matters concerning a child, courts are guided primarily by the best interests of the child, considering all circumstances and the lawful interests of the individuals involved.

Greece

In cases of divorce or separation, and if both parents are alive, the issue of parental responsibility is decided by the court. Parental responsibility may be assigned to one parent or—if both parents agree and jointly determine the child's place of residence—jointly to both. The court may decide otherwise and, in particular, may divide parental responsibilities between the parents or assign them to a third party.

When the court has to determine the exercise of parental responsibility in cases of divorce or separation, it considers all agreements made between the parents, although such agreements are not binding on the court.

If the parents are unable to agree on the matter of parental responsibility and a decision cannot be made in the child's best interests, the matter is resolved by the court.

Germany

The term "parental responsibility" encompasses all the rights and duties that parents have toward their child. A major part of this responsibility includes parental rights; it also involves maintaining personal contact with the child and the duty to provide for the child’s financial support.

If parents share custody and separate, they will continue to share custody of the child, regardless of whether they are married. However, at the request of one parent, the family division of the district court may assign custody solely to one parent. Such a request will be granted if the other parent consents—unless the child is 14 years or older and objects—or if it is considered to be in the best interests of the child to assign custody to only one parent.

If the child’s well-being is at risk, the court may at any time, ex officio, order all necessary measures to prevent such danger.

Belgium

Parents can agree on the conditions for exercising parental rights, provided that it is in the best interests of the child.

Otherwise, the family court must be involved, which may decide to assign the exercise of parental rights to one of the parents.

In case of divorce or separation, a decision must be made on all matters related to the child’s living conditions, the place where the child will be registered in the population register, and the parents’ contribution to the child's maintenance, education, and upbringing.

If the parents have not reached an agreement, have only partially done so, or if the agreement is contrary to the interests of the child, the family court will issue a ruling on the exercise of parental rights, taking into account the wishes expressed by the parents and the child (if the child is old enough), as well as the situation and circumstances of the case.

Austria

If parents divorce or separate and wish to continue exercising joint parental rights as before, they must submit an agreement to the court within a reasonable period, stating which parent the child will primarily live with. The court must approve this agreement if it is in the best interests of the child. However, parents are not allowed to divide parental responsibilities in a way that, for example, one parent is only responsible for the care and upbringing of the child while the other manages the child’s property and legal representation; the parent with whom the child primarily resides must always fully exercise parental rights.

If such an agreement is not submitted within a reasonable time after the marriage ends, or if it is not in the best interests of the child, the court must decide which parent will solely exercise parental rights in the future.

The above provisions regarding the exercise of parental rights after the end of the marriage also apply to cohabiting partners. Therefore, the court may grant joint parental custody to the parents of a child born outside of marriage if the shared household is dissolved or even if it never existed, provided that a residence agreement is made in the child’s best interests.

Finland

If the parents are married at the time of the child’s birth, both have parental responsibility. If the parents are not married when the child is born, the mother holds parental responsibility.

If the parents divorce or separate, the exercise of parental rights and the right to personal contact with the child must always be arranged considering the best interests of the child, so these rights can be exercised in the best possible way in the future. The parents can enter into an agreement on parental responsibility.

If the parents cannot reach an agreement, the dispute must be taken to court.

The court's powers include deciding on parental rights, living arrangements, and the right to personal contact with the children. If only one parent holds these rights, they are entitled to make all decisions related to the child’s care. However, the court ruling may include conditions regarding the rights and obligations of the sole holder, including the right to change the child's place of residence.

In joint custody, responsibility for all matters concerning the child is shared between the holders. If they are separated, everyday decisions about the child depend on the parent the child lives with. However, important decisions require the consent of both custodians.

Slovenia

When parents do not live together and do not jointly exercise parental rights over the child, they must jointly make decisions on matters of major importance for the child's development, by mutual agreement and in the interest of the child. If they cannot reach an agreement on their own, they may seek help from a social services center. They may also use mediation services. The parent who exercises parental rights over the child makes decisions regarding the child’s daily life and permanent residence, provided that this does not adversely affect matters of major importance to the child’s development. If the parents cannot agree on such important matters, the court will decide (Article 151 of the Family Code).

Romania

Parents may agree on how to exercise parental responsibility or on measures to protect the child, with the consent of the Guardianship Court, if this is in the best interests of the child (Article 506 of the Civil Code).

The court may take temporary measures via a president’s order throughout the divorce proceedings (a special procedure with shorter resolution times), concerning the residence of underage children, the obligation to provide maintenance, the collection of state child support, and the use of the family home (Article 919 of the Civil Procedure Code).

If the court decides that parental responsibility should be exercised by only one parent, that parent alone makes all decisions related to the child. The other parent retains the right to monitor the child’s education and upbringing.

If the court decides that both parents shall have joint custody, they will exercise parental responsibility jointly and equally.

Parental responsibility is not exercised equally by separated parents: in case of divorce, if the court determines it is in the child’s best interest, parental responsibility may be exercised solely by one parent (Article 398 of the Civil Code).

Portugal

Parents may enter into an agreement regarding parental responsibility, which must be approved by the court or by a civil registry officer.

Parties may use alternative dispute resolution methods both before and during court proceedings.

Mediation in Portugal is voluntary and may be public or private. Once an agreement is reached, to be binding and enforceable, it must be submitted for approval to the court or the civil registry officer, as applicable.

For family-related matters falling under the jurisdiction of the civil registry officer, prior agreement between the parties is required. Otherwise, the case falls under the court's jurisdiction (Article 12 of Decree-Law No. 272/2001 of 13 October 2001).

If the case goes to court, civil proceedings are initiated to determine the exercise of parental responsibilities, starting with a meeting between the judge and the parents (Article 35 of the Legal Framework on Guardianship/Custody Proceedings).

If the parents cannot reach an agreement at the meeting, the judge will suspend proceedings for a maximum of two to three months, depending on the case, and refer the parents to mediation (if they agree to use it) or to a technical hearing by a specialist (which may be mandatory) (Article 38 of the Legal Framework on Guardianship/Custody Proceedings).

Even if parental responsibilities are assigned to only one parent, both parents retain responsibility over matters of particular importance in the child's life, unless otherwise stated in the court's decision (Article 1906 of the Civil Code).

The court may grant joint custody after assessing the individual circumstances of each case.

Poland

When granting a divorce, legal separation, or annulment, the Polish court must rule on parental responsibility unless it lacks jurisdiction over that matter in the specific case. The court may consider a written agreement between the spouses on how parental responsibility should be exercised, provided it is in the best interests of the child.

If the parents do not agree, the court may, while respecting the child's right to be raised by both parents: grant joint parental responsibility after evaluating the case; or assign responsibility to one parent while limiting the other parent’s rights and obligations toward the child.

When justified by the child's best interests, the guardianship court may amend its decision regarding parental responsibility and its exercise through a judgment on divorce or legal separation. If the court has granted sole responsibility to one parent, that parent may make all child-related decisions without needing to consult or obtain consent from the other parent. The court may still assign joint responsibility depending on the case.

Netherlands

After divorce, both parents usually retain parental authority over their children and remain jointly responsible for their upbringing and care. However, exceptions exist, and the court may grant sole custody to one parent upon request.

If parents reach an agreement, they may set out parental responsibilities in a parenting plan, which must be reviewed by the court. The court also grants the divorce.

If the matter goes to court, the decision will cover all elements of the parenting plan, including the exercise of parental authority, division of care tasks, and the child’s primary place of residence.

If the court grants sole custody to one parent, that parent is required to inform and consult the other parent on important matters concerning the child’s personal and financial affairs. However, the parent with custody makes the final decision.

The court may also grant joint custody, meaning both parents have equal rights and duties, unless the parenting plan provides otherwise for the care and upbringing of the child.

Malta

In cases of divorce or separation, the issue may be resolved by court decision or through mediation. It can also be settled through a legally binding and enforceable agreement signed by both parties before a notary.

If such agreement is reached outside of court proceedings, it must be approved by the court and registered in the Public Registry to be legally binding. If reached during divorce or separation proceedings, it is submitted to the court for approval.

If the case goes to court, the judge can rule on all important issues concerning the child's welfare, including residence, custody, visitation rights, and child support.

The court rarely assigns full custody to only one parent, but it depends on the specific circumstances of the case.

If joint custody is granted, both parents must jointly decide on major matters regarding the child. This excludes day-to-day decisions and includes only significant issues like residence, education, and health. Article 136(3) of the Civil Code refers to acts of extraordinary administration, which require the consent of both parents.

Luxembourg

Parental authority is not an absolute or discretionary right of the parents; it must be exercised in the best interests of the child.

Any agreement between parents regarding parental authority is legally binding only if approved by the competent court.

Separation or divorce does not usually change the exercise of parental authority, which remains shared between both parents. They must continue making joint decisions on essential matters (support, upbringing, education, etc.).

The court assigns sole parental authority to one parent only when it is in the best interests of the child. In such cases, that parent makes all decisions concerning the child. However, the other parent retains the right to be informed and monitor the child's upbringing and support. Unless there are compelling reasons, the parent also retains the right to personal contact and visitation.

In cases of separation, joint parental authority requires mutual understanding and broad consensus to ensure continuous and constructive cooperation in child-rearing. The family court always prioritizes the child’s best interests when making decisions.

Croatia

If the marriage/partnership of the parents is irreversibly disrupted, the arrangement of parental care is regulated by a court decision, which may be based on an agreement made by the parents in the form of a shared parenting plan (Articles 104, 106, 107, and 461-467 of the Family Law).

Before filing for divorce or initiating other court proceedings related to parental care, one or both parents must apply for mandatory consultations with the territorial division of the Croatian Institute for Social Activities, competent for the location of the child’s permanent or temporary home address or the last common home address of the spouses or partners in family relations, whether permanent or temporary (Articles 321-323 of the Family Law).

For an agreement to be enforceable, the agreement made by the parents or the shared parenting plan must be approved by a court decision (Articles 106, 107, 420, and 461-467 of the Family Law).

If the parents do not reach an agreement on the shared parenting plan, the Croatian Institute for Social Activities will direct them to family mediation, which is conducted by the Family Center (Obiteljski centar), but can also be done by family dispute mediators outside the social welfare system (Articles 331 and 334 of the Family Law).

Family mediation is not conducted when there are allegations of domestic violence.

The court can decide on any aspect of parental care that is contested, such as with whom the child will live, maintaining personal relations with the other parent, and the amount of child support as an obligation of the parent with whom the child does not live, as well as all other relevant issues related to the child's personal and property rights decided by the court (Articles 408 and 433 of the Family Law).

The court can issue a decision awarding one parent sole parental care, partially, or to the extent necessary to make a decision on a specific important issue concerning the child, which in turn restricts the other parent's ability to exercise parental care entirely or in specific aspects (Article 105 of the Family Law).

The parent whose right to exercise parental care is restricted has the right to maintain personal relations with the child, unless this is prohibited by a court decision, to make everyday decisions related to the child while the child is in their care, and to receive information about important circumstances related to the child's personal rights (Article 112 in conjunction with Articles 110 and 111 of the Family Law).

Parents always have joint custody, except when the court issues a decision as mentioned above.

Czech Republic

In case of divorce, the agreement between the parents regarding the exercise of parental responsibility must specify how each parent will care for the child after the divorce. In this agreement, the parents can also arrange the regime of personal relations between them and the child. Such agreements must be approved by the court. The court approves the agreement between the parents unless it is clear that the agreed-upon manner of exercising parental responsibility does not meet the child’s best interests. The same applies to agreements between the parents of the child when they do not live together.

If the parents cannot reach an agreement regarding parental responsibility after separation or divorce, to protect the child’s interests, the court—within the proceedings concerning the care of a minor or underage child—directs the parents to reach a conciliatory decision. The court may obligate the parents to participate in out-of-court meetings for reconciliation or mediation or family therapy for a period of up to three months or impose mandatory participation in meetings with a child psychology specialist.

Additionally, services of marriage and family counseling centers can be used, where qualified psychologists and social workers provide assistance.

The social and legal protection authority for children may also convince or educate a parent who does not respect the rights of the child or the other parent (e.g., regarding care, regular personal relations) about aspects of legislation or the consequences of their behavior. The authority may also require parents to use a specialist consultant if they cannot resolve child-rearing issues without specialized assistance, particularly in disputes about changing child custody rights or the regime for personal relations with the child.

Most commonly, the court decides who will take care of the child and possibly the arrangements for personal relations with the child and child support.

When the court decides on who should take care of the child, it makes a decision that meets the child’s best interests.

The court may refuse to order shared or joint parental rights if the parents are unable to communicate and cooperate.

France

The separation of the parents does not affect the rules for transferring the right to exercise parental rights. Both parents must continue to care for the children and make joint decisions in the children’s interest.

If they cannot agree, the family court judge will make a decision regarding the conditions for exercising parental rights within the divorce or parental rights proceedings.

Parents can agree on any actions to be taken in the best interest of their child and draw up an agreement for parental responsibility either on their own or with the help of a mediator and/or their lawyers.

They can then ask the family court judge to approve the agreement that sets the conditions for exercising parental rights and establishes the amount of contribution to child support and upbringing, making it enforceable.

The judge cannot alter the agreement and will approve it unless they find that it does not adequately protect the child’s interests or that the parents have not freely given their consent.

In the case of a divorce by mutual consent, both parents and their lawyers can also determine the conditions for exercising parental rights in their divorce agreement. The agreement is signed by both spouses and their lawyers after a minimum 15-day withdrawal period, and its original is deposited with a notary, making it enforceable.

Thus, except in the case of a mutual consent divorce with a deed drawn up by a lawyer and its original deposited with a notary, a court decision is required to prepare an agreement between the parents regarding the conditions for exercising parental rights.

If the parents are unable to reach an agreement and do not wish to go to court, they can voluntarily participate in family mediation.

If the parents go to court, i.e., cannot reach an agreement, family court judges are competent to rule on the exercise of parental rights.

They can grant sole parental rights to one parent or decide that both parents should exercise these rights jointly.

If it is in the child’s best interest, the judge can grant the exercise of parental rights to one of the parents. Such a decision can be made if one of the parents is unable to fulfill their duties, is uninterested, is unreachable, or consistently prevents decisions from being made when it is in the child’s interest to make them immediately.

In cases of domestic violence, family court judges can also be urgently called upon to issue a protection order under Articles 515-9 and the following of the Civil Code (Code civil). In this case, they must issue a decision within six days of the hearing date (Law of December 28, 2019). This protective measure aims to protect spouses/ex-spouses who are victims of physical or psychological violence by prohibiting any contact between them and, if necessary, between the abuser and the children. In the protection order, judges also determine measures regarding the exercise of parental rights over the child. In particular, they may decide to grant the parent who has suffered violence the responsibility to exercise parental rights solely, deny the abusive parent the right to personal relations with the child and the right to take the child with them, and allow limited personal relations with the child in a meeting place.

Sweden

If the parents divorce, joint parental rights are maintained without the court needing to make a decision on this during the divorce.

If one parent wishes to change the exercise of parental rights, the issue can be settled in court. The parents must have participated in an information meeting with the social welfare committee. If the parents reach an agreement on the change, they can arrange the matter in an agreement without the court’s involvement. This agreement must be approved by the social welfare committee to be valid. The same applies to questions regarding with which parent the child should live and how contacts with the other parent should be organized.

If the parents go to court, the court can make decisions regarding the exercise of parental rights (solely or jointly), the child’s residence (with which parent the child should live or whether the child should alternate between the two parents), and the right to personal relations (the child's right to maintain personal relations with the parent with whom they do not live). Parents who exercise parental rights regarding the child have the right to make decisions on personal issues concerning the child. The person exercising parental rights does not need to consult with the other parent or seek their consent on such matters.

Joint parental rights mean that parents must make decisions together on personal matters concerning the child. The starting point is that the parents must agree on all matters related to the child.

Hungary

Separated parents can agree on the division of rights and responsibilities regarding parental responsibility, but they must ensure a peaceful lifestyle for the child (for example, alternating placement is not possible if the parents live far apart and this would burden the child too much).

The agreement between the parents is approved by the court.

If the parents cannot reach an agreement on the rights and responsibilities related to the exercise of parental rights, the court decides which parent will exercise these rights. In making such a decision, the court assesses where the child's physical, mental, and moral development is best ensured.

In case of a dispute, the court determines which parent should have parental rights, after hearing both parents and, in justified cases, the child. The court may decide to grant the exercise of parental rights entirely to one parent or assign specific rights and responsibilities related to parental rights to one parent, while assigning others to the other parent. The court may allow the parent who does not live with the child to carry out specific tasks related to the care and upbringing of the child or, in exceptional cases, manage all or part of the child's property and act as a legal representative on matters related to their property.

If it is in the child’s interest, the court may restrict or remove the right to make decisions on important matters affecting the child’s future. However, the court cannot order joint exercise of parental rights, as this can only be arranged through an agreement between the parents, which can be approved by the court.