Δικηγορικό Γραφείο Σπήλιος Σπηλιόπουλος και Συνεργάτες

+30 210 3387530Appointment
  • HOME
  • OUR OFFICE
  • SECTORS OF ACTIVITY
    • Commercial & Corporate Law
    • Road Traffic Accidents
    • Real Estate – Sales – Leases
    • Real Estate – Property Law – Property Management
    • Civil Law (Family, Inheritance, Claims, Compensation, etc.)
    • Law of E-Commerce and New Technologies
    • Intellectual and Industrial Property – Trademarks
    • Litigation
    • Administrative Law
    • Issues concerning foreign residents
    • Labor Law
    • Notary Support Services
    • Pension Law
  • CASES
  • PARTNERS
  • LEGAL CASES
    • Legal Issues for Individuals
    • Legal Issues for Entrepreneurs
  • CLIENTS
  • CONTACT
  • English
  • Ελληνικά
  • Home
  • Legal Issues for Individuals
  • Removal of Parental Responsibility from the Mother and Assignment to the Father by Court Decision

Removal of Parental Responsibility from the Mother and Assignment to the Father by Court Decision

by spiliopouloslaw / Wednesday, 06 November 2024 / Published in Legal Issues for Individuals

In a recent decision (Single-Member Court of First Instance of Patras, Decision No. 276/2023), the court ordered the complete removal of parental responsibility for a minor child from the mother and its exclusive assignment to the father.

Specifically, the minor child, aged eleven at the time of the hearing, had been living with the father since birth. The father had voluntarily acknowledged the child at birth and, according to the court’s judgment, “demonstrates continuous affection and care for the aforementioned child, surrounds the child with love, and makes efforts to ensure the child lives and develops in a healthy environment appropriate for their age.”

Conversely, the child’s mother was deemed unable to fulfill the functional duties of parental responsibility, due to the following circumstances:

  • The respondent (the child’s mother) was a drug addict with multiple psychological issues and had previously been convicted and sentenced to 13 years of imprisonment for the homicide of another one of her children.
  • Parental responsibility for another one of her children had also been removed in the past.
  • She was living in deplorable conditions, residing in a rural house that lacked basic living necessities, such as electricity.
  • Furthermore, beyond the above findings, “she has shown no interest in the minor child from its birth until the date of the court hearing and is not in a position to exercise parental responsibility without causing risk to the child’s physical, mental, and emotional health — a risk that is evident given her described behavior as a parent and the overall conditions of her living situation.”

Taking all of the above into account, as well as the genuine and sustained interest of the father in the child’s well-being, the court ruled — pursuant to Article 1532 of the Greek Civil Code — that the legal requirements were met for the complete removal of parental responsibility from the mother. The court further held that any less severe measure would be insufficient to protect the child from the risk of harm to their physical, mental, or emotional health.

Therefore, based on the above, the court concluded that the true best interest of the child, which must always be the guiding principle in such proceedings, required the exclusive assignment of parental responsibility to the father, who provides the necessary guarantees for the child’s proper upbringing, supervision, education, and overall balanced development in both body and mind.

  • Tweet

By your side, effectively and consistently

Contact us

Please enable JavaScript in your browser to complete this form.
Full Name *
Loading

BASIC SERVICES

Commercial & Corporate Law
Road Traffic Accidents
Real Estate – Property Law – Property Management
Civil Law (Family, Inheritance, Claims, Compensation, etc.)
Law of E-Commerce and New Technologies
Intellectual and Industrial Property – Trademarks
Litigation
Administrative Law
Labour Law
Pension Law
Issues concerning Foreign Residents
Notary Support Services

PROFILE

Home
Our Office
Sectors Of Activity
Cases
Partners
Legal Issues for Individuals
Legal Issues for Entrepreneurs
Clients
Contact
Terms of Use – Privacy Policy – Cookie Policy

CONTACT

SPILIOS SPILIOPOULOS & Associates
LAW FIRM
18 Voukourestiou Street, Athens 106 71
210 3387530, 210 3387540
E-mail: spilios@spiliopouloslaw.com

SUBSCRIBE TO OUR NEWSLETTER

Failure, please try again.
Thank you for your registration.

© 2024 - spiliopouloslaw.com

TOP

We are using cookies to give you the best experience on our website.

You can find out more about which cookies we are using or switch them off in .

  • English
  • Ελληνικά (Greek)
Δικηγορικό Γραφείο Σπήλιος Σπηλιόπουλος και Συνεργάτες
Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookies

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.

3rd Party Cookies

This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages.

Keeping this cookie enabled helps us to improve our website.

Please enable Strictly Necessary Cookies first so that we can save your preferences!

Additional Cookies

This website uses the following additional cookies:

(List the cookies that you are using on the website here.)

Please enable Strictly Necessary Cookies first so that we can save your preferences!

Cookie Policy

More information about our Cookie Policy