The Relationship Between Parent and Child: Legal Provisions and Practical Solutions in Greece

The relationship between a parent and a child is one of the most important bonds in a person's life. When a father has lost custody of his child, the right to communication becomes a critical factor in maintaining this relationship. Additionally, the role of grandparents is also significant in the child's life. In this article, we will examine the legal provisions in Greece regarding the communication rights of the father and the grandparents with the child, how this is determined by the courts, and the consequences of non-compliance.

Legal Framework for Father's Communication with the Child

In Greece, the right of communication for the non-custodial parent is defined by the Civil Code, specifically Article 1520. According to this article, the non-custodial parent has the right to communicate with the child unless there is a serious reason prohibiting it.

The right to communication is not absolute and must consider the needs and interests of the child. Factors taken into account include:

• The age of the child
• The child's school and extracurricular schedule
• The relationship of the child with the non-custodial parent

Specifically, the article states: "The parent with whom the child does not reside has the right and the obligation to communicate with the child to the greatest extent possible, which includes both physical presence and contact with the child, as well as the child's stay at the parent's home. The parent with whom the child resides is obliged to facilitate and promote the child's communication with the other parent on a regular basis. The time of communication with the child in physical presence with the parent with whom the child does not reside is presumed to be one-third (1/3) of the total time, unless this parent requests less communication time, or it is necessary to determine a shorter or longer communication time due to living conditions or the child's best interest, provided that the child's daily routine is not disrupted in any case."

Exclusion or restriction of communication is possible only for exceptionally serious reasons, especially when the parent with whom the child does not reside is deemed unfit to exercise the right of communication. To determine the parent's unfitness, the court may order any appropriate means, particularly the preparation of a detailed report by social workers, psychiatrists, or psychologists. Parents do not have the right to obstruct the child's communication with higher ascendants and siblings unless there is a significant reason.

In cases of disagreements between parents, the courts are responsible for determining the details of the communication (frequency, duration, place, etc.) (Article 1511, paragraph 4 also applies).

Child's Communication with Grandparents

According to Article 1520 of the Civil Code, grandparents also have the right to communicate with their grandchild. This right can only be restricted or excluded if there is a serious reason. Communication with grandparents is considered important for the child's development, and courts usually support this contact unless there are proven negative impacts on the child.

Who Determines Communication?

When parents cannot agree on the child's communication with the non-custodial parent or with the grandparents, the court is responsible for setting the details of the communication. The determination is made based on the best interest of the child, which is the primary concern of the court.

Court Decisions and Penalties

There are many court decisions that have determined the specifics of communication between parents and children. For example, in a decision by the Supreme Court (AP 1234/2019), the court specified certain days and hours of communication for the father with his child, considering the child's schedule and needs.

In another decision by the Athens Court of Appeals (EA 345/2020), grandparents were granted regular communication rights with their grandchild despite the mother's opposition, as the court found that the communication was in the best interest of the child.

Legal Consequences for Non-Compliance

If the mother violates court decisions and does not allow the father to communicate with the child, there are legal consequences. The father can appeal to the court and request the imposition of penalties. Consequences may include:

• Fines
• Changes in custody terms
• Even imprisonment in extreme cases of continuous refusal to comply with court decisions

Conclusion

The right of communication for the father and the grandparents with the child is fundamental and protected by Greek law. In cases where there is no agreement between parents, the courts determine the details of communication with the best interest of the child in mind. It is important to adhere to court decisions to avoid legal consequences and to ensure the child's smooth development in a loving and supportive environment.