In establishing the joint exercise of parental care The government is moving forward with the proposal involving both parents, according to a statement by the Minister of Justice, Kostas Tsiaras during the Cabinet meeting. Specifically, under the provisions of the bill A new legal framework is being introduced to govern parent-child relationships—children, following the end of the spouses' cohabitation, the divorce or the annulment of the marriage, with the child’s best interests as the sole consideration.
In this context, among other things, joint exercise of parental care by both parents is established, the pivotal role of mediation in resolving any disputes between them is emphasized, a presumption of communication between the child and the parent with whom the child does not reside is established, and training for judicial officials who hear such cases is made mandatory. With all these changes, the Greek legal system is being brought into line with the practices in advanced European countries, where the law provides for the joint exercise of parental responsibility.
According to the Maximos Mansion, the bill aims to ensure the active participation of both parents in raising the child, despite separation, divorce, or annulment of the marriage. To this end, it is based on the principle of equality between parents in their responsibilities and rights toward the child and aims first and foremost to serve the child’s best interests.
The separation, divorce, termination of cohabitation, or annulment of the parents’ marriage should not alter the manner in which parental care is exercised for minor children, which must be exercised by both parents, since the goal is the minor child’s mental health, their smooth integration into society, and the development of their personality. At the same time, parents are encouraged to address issues concerning the child through mutually acceptable solutions, and dialogue between them on matters affecting the child is promoted.
It is emphasized that the bill does not take away any rights of the parent who has custody of the minor child. On the contrary, it introduces the active involvement of both parents in the child’s upbringing and in fulfilling their responsibilities toward the child. It is also noted that the right to child support is protected, since the bill stipulates that the willful failure to pay child support by the parent obligated to do so constitutes a failure to exercise parental care and may, for this reason, result in the removal of parental authority from the. Social and scientific organizations active in family and child-related issues, as well as representatives of the parliamentary parties.
