As of September 16, 2021, the new provisions of family law regarding co-curated by that is, joint custody of minor children by both parents, which in practice means that The children will spend equal amounts of time with both parents.
The first court decisions in the proceedings of the interim measures They have begun to be published, so we can see how judges handle the issue in practice, what they determine regarding the time the children will spend with each parent, and how they resolve the practical issues that arise.
Let's start with what the law says, and then we'll see how it's applied in practice.
Therefore, based on the current regulations, it appears that The law currently in force regarding the custody of minor children is being amended, without, of course, undermining its child-centered core. Therefore, protecting the best interests of the minor always remains the primary concern. However, following the aforementioned change, whereas sole custody was previously the preferred option, joint custody of parents over their minor children is now the preferred option, only, however, when it appears that this would be detrimental to the interests of the minor children, the court may rule that custody should be awarded to one parent, in a decision that justifies the aforementioned deviation, as Article 1514 of the Civil Code specifically provides for the award of custody to one parent.
A parent may file a motion for interim relief to seek joint custody or file a lawsuit even if a court order has already been issued awarding custody under the previous arrangement, as long as it is not irrevocable.
In this particular case, both parents filed two separate applications for injunctive relief. In his petition, the father sought joint custody of the children with the mother and, in the alternative, visitation rights, while the mother sought sole custody and the establishment of child support.
The court, in examining the case and the witnesses, focused on a very important fact: the very good relationship the father had with his children throughout the period that the marriage had been broken up. The children, who were very young, lived with him for extended periods of time without their mother’s absence causing them distress or any other problems. It appears that this was the focus of the court, which ruled that the children could spend equal amounts of time with both parents.
The reasoning behind the decision is as follows:
The two petitioners have two children, aged approximately 5 and 2. Their marital relationship ended in 2021. They signed a private agreement in which they agreed to end their marriage, for the husband to move out of the family home, the children’s residence in the family home with their mother, joint custody of their minor children, the father’s unrestricted communication with his children, and the ability to communicate by phone and online at any time. Under this agreement, the children initially stayed with their father in the evenings, and during the summer months, they stayed with him for 15 consecutive days in July and 15 consecutive days in August at his parents’ home, where he lives with his mother (the children’s grandmother), and, despite their very young age, they did not express any dissatisfaction regarding their mother’s absence for such a long period of time, as the mother’s witness also acknowledged. In fact, he has taken care to create a separate space in his parents’ home for his children, a space he has carefully arranged to provide a very pleasant environment for them.
Nevertheless, it is believed that the mother, due to the fact that the father speaks negatively about her to relatives and friends, has recently shown a reluctance to abide by the aforementioned agreement, thereby creating obstacles to the father’s free communication with his children. However, the father’s relationship with his children, as evidenced by the aforementioned fact that he spent several days with them, without this causing the children any distress due to the mother’s absence, is presumed to be very close and long-standing, that is, even during the period when the parties were living together as husband and wife. This is confirmed by all the sworn witnesses, one of whom is a close friend of the family and the other a family friend; they were closely connected to both parties and had firsthand knowledge of the conditions prevailing in the family. Of course, the mother’s relationship with her minor children is very close.
In light of the foregoing, it is likely that, in this case, custody should be granted jointly and equally to both parents, in accordance with the rule established by the new provisions of family law, with the understanding that both must continue to strive for the harmonious upbringing of their children, to preserve and strengthen their children’s relationship with the other parent as well as with the other parent’s family, and to refrain from making any negative remarks about the other parent.
The above is also supported by the medical report from the child psychiatrist, who diagnosed that the girl is well-cared-for, clean, had good eye contact and emotional rapport, positive in her communication, and spoke positively about both parents, describing with satisfaction the enjoyable activities she engages in with them, as she appears to have a positively invested relationship with both, without the general recommendation that children of divorced parents need stability in behavior and environment leading to the opposite conclusion. The children will spend one week at each parent’s home, that is, one week at their father’s home and one week at their mother’s home. The father will pick up the children from the mother’s home on Friday afternoon, at 6:00 p.m., and will return them to the mother’s home the following Friday afternoon at 6:00 p.m.
Also, at Christmas and Easter, they will spend one week with their father and one week with their mother, so that on Christmas they will be with one parent and on New Year’s Day with the other; the following year, the arrangement will be reversed, while at Easter, one week they will spend Easter Sunday with one parent and the following year with the other parent. In the summer, they will spend 15 consecutive days in July and August with their father and 15 consecutive days with their mother. Finally, since joint custody has been established, each parent has the right, when their children are staying with the other parent, to communicate with them, either in person, by phone, or online.
Since the children will spend equal amounts of time with both parents, the child support expenses will be borne by the parent with whom they are living at any given time. Consequently, the mother’s request for child support is denied.
ANASTASIA CHR. APPLE
I'M GOING TO BE A LAWYER.
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