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.
