June 2024 – Final Judgement of joint and equal custody of the children to both parents

By decision no. 2339/2024 of the Single-Member Court of First Instance of Athens (Special Family Disputes Procedure), the lawsuit of our client – the father of two boys aged 8 and 6 years, both diagnosed with autism disorder – was accepted, and joint custody was granted to both parents, with an extended right of contact to children granted to our client. This means daily communication (from Monday to Friday) from the time they finish school until the evening. The mother had filed a co-filed application against our client, requesting sole custody of the children, which was rejected as unfounded.

Specifically, the Court ruled that the children have formed a strong emotional and psychological bond with their father and have mutual feelings of affection and love, as the father plays an active role and continuously participates in their upbringing. It was also determined that although the children live with their mother, the father regularly communicates with them, showing interest in their upbringing and issues.

Furthermore, according to the issued Judgement, the mother’s claims about the father’s unsuitability and inadequacy in exercising custody and his paternal role were not found to be convincing. Evidence provided showed that he participates in all the children’s activities, often taking them to and from these activities, and to ensure stability and minimize the changes caused by the divorce in their lives, he gave his exclusively owned house to his estranged wife so she could continue living there with the children, while he rented an apartment nearby to be close and assist with their needs. Additionally, the testimonies of the mother’s witnesses about the father’s inadequacy were not found credible, as they were completely countered by the testimonies of our client’s witnesses. Finally, the mother’s claims of domestic violence by the father were implicitly dismissed as unfounded, as they were not proven by any evidence (the decision also references the father’s acquittal in the criminal court).

Thus, based on these findings and the suitability and willingness of both parents to be actively involved with their children, the Court determined that there was no reason to deviate from the provisions of Article 1513 of the Greek Civil Code, which establishes joint parental responsibility after the parents’ separation. The Court also addressed the tensions between the parents, noting that “the disputes and tensions that exist between the parties are not due to differences over child-rearing issues or neglect of parental duties, but to personal bitterness and hostility resulting from the termination of their emotional relationship. This should not result in depriving either parent of custody, given their suitability to act in the best interest of the children.” Regarding the father’s right of parental contact with children, the Court stated that “a supplementary pillar of joint custody is the enhancement of the right of access to the children of the non-resident parent to foster stronger bonds between the child and both parents and ensure both parents’ active involvement in the child’s upbringing and care.” Consequently, the Court, prioritizing the best interests of the minors, and specifically considering: “a) the primary importance of the psychological and emotional benefit of daily contact with both parents, b) the increased need for stability and consistency in the children’s schedule, c) the busy schedule of the children with daily sessions, d) the father’s flexible work hours allowing him to pick up the children from school and accompany them to their daily therapy sessions, instead of their maternal grandfather due to the mother’s work commitments, e) the short distance (less than 5 minutes) between the children’s residence and the father’s residence,” granted our client extended right of access to his children, thus accepting the main claim of his lawsuit. It specifically provided that he would have daily contact with his children immediately after school until the evening, and additionally, every first and third weekend of each month, as well as during Christmas, Easter, and summer holidays