January 2025 – Court Decision on Joint Custody and Child Residence Arrangement

In a landmark decision, Athens Single-Member Court of First Instance ruled on case no. 162/2025 (Special Family Disputes Procedure), granting joint custody to both parents of their 5-year-old daughter. The court also established a detailed alternating residence schedule between the two parents, ensuring that the child will live with each parent for specific periods, promoting shared parental responsibility.

Child Custody Arrangement Details:

• Father’s Residence:
  • Tuesday: From the end of school hours until the start of school on Wednesday morning (or until 08:00 AM if school is closed).
  • Thursday: From the end of school hours until 21:00 on the same day.
  • First & Third Weekend: Every first and third weekend of the month, from the end of school on Friday until Monday morning (or until 08:00 AM on Monday if school is closed).
  • Fifth Weekend (Specific Months): Every fifth weekend in January, March, May, September, and November, from the end of school on Friday until Monday morning (or until 08:00 AM on Monday if school is closed).
• The child will reside with the mother for the remaining days of each month.

This decision follows Athens Family Court decision no. 3246/2023, which had previously granted temporary custody to the mother. In her counterclaim, the mother sought sole custody, citing allegations of domestic violence, the father’s inability to care for the child, and difficulties in co-parenting. However, the court rejected her claims, supported by evidence we presented, including witness testimonies and factual findings, establishing that the father provides love, care, and emotional stability for the child.

Co-parenting and Parental Cooperation: The court concluded that the parents can cooperate effectively on matters concerning their child. Although tensions existed initially, following the issuance of the interim custody order, the parents have communicated positively and cooperatively. The court highlighted that both parents share strong emotional bonds with their child, ensuring the child’s well-being and proper upbringing.

Key factors considered by the court included:

• Proximity of parental residences allowing for a smooth alternating custody arrangement.
• The father’s commitment to parenting, which includes adjusting his professional life to care for his child.
• Emotional bond between father and child.
• Parental cooperation and mutual efforts to prioritize the child’s needs.

This decision aligns with Greek family law, particularly Articles 1511 and 1514 of the Civil Code, which mandate joint parental responsibility for children following divorce, annulment of marriage, or separation.

The ruling underscores the importance of joint custody in ensuring the best interests of the child, with both parents contributing equally to child-rearing and decision-making post-separation.