Greek Society of Child and Adolescent Psychiatry: Types of custody, how they are regulated

Η Greek Society of Child and Adolescent Psychiatry (PEΕ) the official body representing Child and Adolescent Psychiatrists, with her letter to Mr. Ioannis Tente, chairman of the legislative committee on the reform of family law (honorary prosecutor of the Supreme Court), has documented the A scholarly examination of the issue of custody/joint custody for couples who are in the process of separating or have finalized their divorce, regarding children's mental health.

At the same time, it warns about the content of studies that collect data on shared custody practices, since, aside from the fact that they sometimes present conflicting conclusions, they concern a a relatively recent practice without studies conducted over a sufficiently long period of time and examine small samples, mainly in countries with different social conditions, where joint custody is a choice made by the parents with the approval of the courts and/or social services, rather than an automatic process. Essentially, do not constitute a record of the outcome of the practice It is not about the children spending time with both parents, but rather the result of the parents' mutual understanding and cooperation, where such cooperation exists.

Η children's mental health and the holistic development of their personalities It requires the active involvement and cooperation of the parents, and under the current legal system, they share joint responsibility, notes the PEE. If they cannot agree among themselves, the court decides on the assignment of custody of the child, either

• to one parent
• to both parents, with various time-based or functional arrangements for joint custody
• to a third party, with the primary criterion being the protection of the child’s best interests

However, it is Every parent's evaluation is extremely important for the

• the competence/suitability of each parent to fulfill their role, which should not be taken for granted from the outset
• ability to fulfill his obligations and responsibilities
• his relationship with the child or children, which, following the separation, does not arise out of nowhere but is a continuation of their previous family life

Cooperation between parents before, during, and after a separation is the main factor affecting children’s mental health and social adjustment. And ongoing conflicts and disputes are devastating to their mental health. It is therefore essential to ensure that they have a conflict-free environment.

Η a factor related to the children's age The age of a couple’s child at the time of separation is of paramount importance, as it determines (just as each child’s individual stage of development does) the child’s needs and ability to adapt.

Η stability in the external environment (school, extracurricular activities, peer group, etc.) and in the child-rearing environment is crucial, especially for infants and toddlers who need stable points of reference, without constant changes that cause anxiety and emotional difficulties.

Facing Armageddon

The term used in the international literature for Children of highly contentious divorces are «children of Armageddon», according to the PEE. «In contentious divorces Parents are consumed with resolving their own intrapsychic and interpersonal problems and are unable to prioritize the children’s needs, with negative consequences for their mental health and development. The causes of parental conflicts are often much deeper, and they are not expected to be resolved simply by dividing custody equally, », but with appropriate support from parents.".

For this reason and for all of the above, editing issues, whether they are agreed upon by the parents or determined by a court, must be decided based on the best interests of the specific child in each case regarding the child’s basic emotional and developmental needs. And the consideration of the child’s opinion must be evaluated with particular care by child and adolescent psychiatrists and other specialized mental health professionals.

The PEE emphasizes that «Provisions must be made for all forms of child care and parent-child communication, and to choose the one most suitable for that particular child each time, without imposing mandatory joint custody arrangements or a mandatory schedule for the children’s time with each parent. In cases where parents strongly disagree and cannot reach an agreement regarding the custody of their children, it is imperative to provide for a series of measures to protect the children and ensure the best possible contact and communication with both parents.».

In parallel Specific measures are proposed to protect children from their parents’ inability to establish a structured, peaceful partnership in raising them after a separation.

• Mandatory Attending family mediation sessions for parents in dispute before going to court
• Possible Mental health counseling for parents so that they can adequately meet the children’s needs and be supported in their role
• Establishment of a Family Court and a Specialized Interdisciplinary Team which will take each case into account, assisting the judge in his or her decisions
• Monitoring the implementation and outcomes of decisions at predetermined intervals assignment of custody, subject to review.

For proposed legislation on mandatory joint custody The PEE concludes by emphasizing that «because every situation involving a child and parents is different, and especially because contentious divorces involve all of the aforementioned complex issues related to the emotional lives of parents and children, we believe that “Solomonic solutions” are not in the child’s best interest, which is why The form of supervision should not be regulated in a rigid and one-size-fits-all manner».