February 2025 – Court Ruling on Joint Custody, Alternating Residence, and Child Support Reduction
The Athens Single-Member Court of First Instance has issued decision no. 687/2025, ruling in favor of joint custody with an alternating residence arrangement, while also rejecting the opposing party’s request for sole custody of the child.
Following the father’s petition for interim measures, the court awarded shared custody of the 7-year-old son to both parents, ensuring that the child resides alternately with each parent according to a legally defined custody schedule.
Court’s Reasoning for Alternating Residence
The ruling highlights the positive impact of the alternating residence system on the child’s emotional stability and healthy development. The court stated:
“With alternating residence, the minor is likely to establish a stable routine, as they will only change residences once per week. This arrangement allows both parents to actively participate in the child’s upbringing while fostering a cooperative parenting approach based on mutual respect. By demonstrating increased responsibility, awareness, and collaboration, the parents are expected to create an environment of peace, stability, and security, essential for the child’s well-being.”
Key Factors Influencing the Decision
A decisive factor in the court’s ruling was the father’s commitment to maintaining and strengthening his emotional bond with the child. The decision explicitly states:
“It has been demonstrated that the petitioner-father has shown a sincere willingness to develop and maintain a strong emotional connection with the minor, consistently expressing genuine interest in the child’s healthy growth and development.”
Rejection of the Mother’s Sole Custody Claim
The mother’s counterclaim sought sole custody without any alternative requests. She attempted to justify her claim with allegations of father’s alleged violence, incompetence in child care, the child’s supposed fear of the father, and an inability to co-parent.
However, the court dismissed these claims, accepting the father’s well-documented rebuttal, which included strong evidentiary support and witness testimonies. The court ruled against the mother’s efforts to mislead the legal proceedings.
Significant Reduction in Child Support Payments
In addition to awarding joint custody, the court ruled in favor of reducing the father’s child support obligations. The previously set temporary support amount of €350 per month was reduced to €200 per month, despite the mother’s claim demanding €700 per month.
Key Legal and Parental Considerations Leading to the Ruling
The court’s decision was influenced by several crucial factors, which we successfully demonstrated through legal arguments and evidence, including:
- Proximity of the father’s residence to the former family home, ensuring minimal disruption to the child’s routine.
- Flexible work schedule of the father, allowing him to be actively involved in childcare.
- Prioritization of child care over career advancement, proving the father’s dedication to parenting.
- Strict compliance with previous court orders, reinforcing the father’s reliability as a co-parent.
- Father’s unconditional love and commitment to the child’s well-being.
- Strong emotional bond between the child and the father, emphasizing the importance of maintaining an equal parental role.
Legal Implications and Compliance with Greek Family Law
This decision aligns with Greek family law, particularly Articles 1511, 1513, and 1514 of the Civil Code, which establish that both parents must continue exercising parental responsibility equally after separation.
The ruling reinforces the legal principle that joint custody and alternating residence are in the best interests of the child, ensuring a balanced upbringing with meaningful involvement from both parents.