February 2025 – Successful Mediation in Child Custody, Communication and Alimony Case

Successful mediation resolved custody, communication, and alimony for a minor child with a rare illness and a parent with a unique work schedule, ensuring the child’s best interests.

Our client approached our firm expressing his intention to file a lawsuit concerning the custody and visitation rights of his minor daughter. This case presented significant complexities requiring careful and sensitive handling.

The minor child suffers from a rare, autoimmune, and chronic illness, making stability and enhanced daily care essential. Additionally, the father – our client – has a demanding work schedule of 20 working days and 11 rest days per month, without fixed dates, creating further challenges for regulating communication time. Furthermore, the mother intended to relocate to another municipality, which would significantly alter the child’s living environment, directly impacting her routine and the father’s ability to exercise parental care.

Prior to our involvement, a temporary order and then an interim measures decision had been issued, provisionally regulating the disputed matters. However, this arrangement didn’t substantially serve the child’s best interests. Specifically, it stipulated that the father’s communication with the child would occur from the 1st to the 11th of each month, without considering his unique work schedule. This incompatibility led to practical difficulties in implementing the decision, which not only failed to normalize the situation but exacerbated tensions between the parents and negatively affected the child’s emotional balance.

Given the unique nature and sensitivity of the issues, we decided to approach the dispute through mediation. We saw this not merely as a compulsory initial session for the admissibility of the lawsuit, but as a genuine opportunity for out-of-court resolution. Following extensive and intensive negotiations, and with a deep understanding of all parties’ needs, we created the necessary conditions for reaching a sustainable and mutually acceptable agreement. This agreement truly reflects the parents’ wishes and substantively serves the child’s best interests.

Specifically, the agreement stipulated that the parental care of the minor child would be exercised jointly and equally by both parents, ensuring balanced participation in all decisions regarding the child’s life and development. It was also agreed that the minor child would reside with her mother for 20 days each month at her new residence, and with her father for 11 days, according to his work-rest schedule. Furthermore, a provision for additional communication opportunities was included, allowing the father to connect with the child even during her time with the mother, provided there’s mutual agreement and the child’s willingness. Daily remote communication was also agreed upon to maintain and strengthen the emotional bond between father and child. Finally, the amount of monthly alimony was determined, based on both parents’ financial capabilities and the minor child’s special needs.

This agreement was formally documented in a Successful Mediation Protocol, in accordance with the provisions of the current legal framework. Upon its submission to the secretariat of the competent Court, it became an enforceable title, acquiring the same legal force as a court decision.

This case vividly highlights the importance of mediation as a tool for effective resolution of family disputes, especially when they involve sensitive matters of custody and communication with minor children. It also makes clear that modern legal professionals must demonstrate flexibility and foresight, adapting their strategy to the unique circumstances of each case.