Removal of Parental Responsibility from a Parent

Removal of Parental Responsibility from a Parent – What the Law Requires

Parental responsibility constitutes one of the most important legal and moral duties undertaken by parents towards their minor child. It concerns the protection of the child’s person, upbringing, education, health, and the management of their property. However, there are cases where the exercise of parental responsibility is inadequate, abusive, or carried out in a manner that endangers the child’s best interests.

In such circumstances, Article 1532 of the Civil Code provides that the Court may take measures for the protection of the minor, including the total or partial removal of parental responsibility from one or both parents.

Below are presented in detail the legal basis, the requirements, and the most common cases in which such a decision may be taken.

What Article 1532 CC Provides

According to Article 1532 CC, when a parent:

• violates the duties arising from parental responsibility
• exercises those duties abusively
• is unable to fulfil their obligations

 

then the Court may:

• take any appropriate measure for the protection of the child
• remove parental responsibility, in whole or in part, from one parent
• assign parental responsibility exclusively to the other parent
• remove custody from both parents and assign it to a third person

 

The procedure may be initiated:

• by the other parent
• by close relatives
• by the Public Prosecutor for Minors
• or ex officio by the Court, if it is informed of a risk

 

Requirements for the Removal of Parental Responsibility

Article 1532 CC sets three fundamental requirements. The existence of any one of them is sufficient; no combination is required.

They are analysed in detail below with practical examples.

1. Violation of Parental Duties

This exists when the parent does not fulfil, as they ought to, the basic obligations towards the child, judged according to their intellectual, social, and economic level.

Typical cases of violation of duties:

• neglect of health, education, or nourishment
• systematic absence or indifference
• exposing the child to dangerous situations
• frequent quarrels, violence, or obstructing communication with the other parent

 

2. Abusive Exercise of Parental Responsibility

Abuse exists when the parent uses parental responsibility in a manner contrary to its purpose, harming the child.

Examples of abusive exercise:

• attempts to manipulate the child against the other parent
• psychological violence
• exploitation of the child for financial or other purposes
• excessive restriction, isolation, or control of the child

 

3. Inability to Fulfil the Role of Parent

The inability may be temporary or permanent and may derive from factual, medical, or social causes.

It includes cases such as:

• severe mental illness preventing the care of the child
• addiction to alcohol or drugs
• criminal or dangerous behaviour
• complete indifference towards the child
• extremely poor living conditions
• imprisonment
• permanent stay abroad without providing care arrangements

Case law has accepted that even employment in night establishments, when combined with unsuitable living conditions, may constitute grounds for removal.

What Measures the Court May Take

Depending on the severity of the situation, the Court may decide:

• modification of communication arrangements
• assignment of custody to the other parent
• total removal of parental responsibility from one parent
• removal of custody from both parents and assignment to a third person

The guiding criterion is the best interests of the minor, which are assessed comprehensively through social enquiries, witness testimony, and medical reports.

For the Court to proceed with the removal of parental responsibility, it must establish one of the following: either the parent violates their duties and their conduct negatively affects the child’s physical, mental, or moral development; or there are circumstances indicating that the parent exercises parental responsibility abusively; or it is proven that the parent is unable to exercise it.

An application for the removal of parental responsibility may be submitted by one parent against the other, as well as by the Public Prosecutor when they request the removal from both parents and its assignment to a third person. The procedure may also be initiated ex officio by the Court. A third person may be a close relative, foster family, or institution for the protection of minors (see Thessaloniki Single-Member Court of First Instance 1738/2019).

The case is examined under the procedure of Voluntary Jurisdiction, pursuant to Article 121 of the Introductory Law to the Civil Code, as amended by Law 3089/2002.

The Court’s Assessment Criteria

The fundamental criterion guiding the Court when deciding on parental responsibility or custody, in the event of disagreement between the parents, is the child’s actual best interests. The purpose is for the child to grow correctly, develop a balanced personality, and become an autonomous and responsible adult.

The law does not provide specific “rules” defining this interest. Instead, it allows the Court broad discretion, with the sole clear obligation to respect the equality of the parents. The Court may not discriminate against a parent on grounds of gender, social class, or financial capacity.

The age and gender of the child are no longer decisive factors. The traditional notion that young children “must go with the mother” has been significantly reduced. Contemporary child-psychological and medical research accepts that maternal care is more important only during infancy. After that stage, both parents play a decisive and equivalent role in shaping the child’s personality, with the father contributing significantly to the development of relationships, boundaries, and socialisation.

For this reason, the Court examines the overall family situation and decides which arrangement best serves the child. Some of the factors assessed are:

• the pedagogical adequacy of each parent
• the child’s emotional bond with each parent
• the daily care received until now
• the stability of the living environment
• housing conditions
• the professional situation and schedule of the parents
• their maturity, character, and ability to cooperate
• their ability to provide a safe, calm, and stable setting
• their social behaviour and the example each parent sets

The Court also considers the overall personality and lifestyle of the parents, their attitude towards the child’s needs, and their capacity to adapt to the demands of modern daily life. Additionally, it considers the need for continuity and stability so that the child does not experience constant changes in their environment.

Importantly, all the above apply regardless of fault with respect to the divorce. The Court does not “punish” a parent based on who was responsible for the dissolution of the marriage. It only assesses which arrangement best serves the child’s interests, based on the current personal situation and capabilities of each parent.

Frequently Asked Questions (FAQ)

1. In how serious cases is parental responsibility removed?

Removal is the last resort. It is applied only when it is established that the parent harms or is unable to protect the child and no milder solution exists.

2. Can parental responsibility be removed temporarily?

Yes. The Court may apply temporary measures (Article 1532 CC in conjunction with injunction proceedings) until a final decision is issued.

3. Can custody be assigned to a third person?

In exceptional cases, yes, especially when both parents are deemed unsuitable. This usually concerns relatives or institutional child-protection bodies.

4. Can a parent from whom responsibility was removed regain it?

Yes, provided they prove a substantial change in circumstances and the ability to fulfil their duties (Article 1534 CC).

5. How does the removal procedure begin?

With an application to the Court by the other parent, a relative, or the Public Prosecutor for Minors. The Court orders a social enquiry and gathers all evidence.

This article is for general information purposes only and does not constitute legal advice. Each case requires individual assessment, based on its specific facts and the applicable legal framework. For tailored advice, please contact our firm directly.