Obstruction of communication between father and child. Improper exercise of parental authority by the mother, removal of parental authority & exclusive assignment of custody of minor child to the father

Poor parental responsibility

An important decision was recently issued by the Athens Court of First Instance regarding the exclusive award of custody of a minor child to his father. The court was called upon to decide between the opposing claims of the two parents, who claimed exclusive custody of their minor child.

The case was of particular interest, as during the hearing the mother’s misuse of parental authority was revealed. From the birth of the child until the hearing of the case, the mother had made systematic efforts to cut off all ties between the child and his father, using both legal and illegal means.

In particular, at the time of the child’s birth, the parents were already separated through the fault of the mother. The father had to resort to the courts by applying for an injunction to ensure contact with the child. Despite the initial court order granting him this right, the mother contested the paternity of the child, a claim which was rejected. The court subsequently ordered father-child meetings in a playground, without the presence of a third party, but the mother did not comply.

The mother even changed her address without informing the father, making communication impossible. After the intervention of the Juvenile Prosecutor’s Office and Child Welfare, the child met his father, showing enthusiasm for reunification. Despite the mother’s efforts to negatively influence the child welfare officials, the agency’s report was positive about the father.

The mother proceeded to make a false allegation of sexual abuse of the child by the father in an attempt to once again remove him from the child’s life. This complaint was found to be unfounded and the court ordered the permanent removal of custody from the mother, ordering the immediate surrender of the child to the father so that the child could move with him and begin school in the area of the father’s residence. To ensure the child’s smooth transition, the court imposed an obligation on the mother to deliver the child to the father’s residence every Friday and to pick him up herself, under the threat of a severe prison sentence and immediate removal of custody in case of non-compliance.

The case described above, concerning the mother’s poor exercise of parental care, demonstrates a major problem in the context of the exercise of custody and parental care by the parents, creating case law that can help in solving similar problems of other families including poor parental responsibility and proves the quick reflexes of the Greek justice system and courts in family law matters.

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