Custody and the child’s living arrangements after divorce or separation of the parents constitute one of the most important matters of family law. In Greece, following Law 4800/2021, the legislator’s philosophy shifts towards joint custody, the maintenance of a substantive relationship with both parents, and the prioritisation of the child’s best interests.
However, many parents wonder:
“From what age can the child decide on their own with whom they will live?”
“Does the court take the child’s view into account?”
“Can the child’s opinion determine custody?”
The Legal Framework of Parental Responsibility and Child Custody
Greek family law, as defined in Articles 1511–1514 of the Civil Code, provides that after divorce or separation, parental responsibility continues to be exercised by both parents, unless a specific court decision determines otherwise. Parental responsibility includes all major decisions concerning the child, such as health, education, upbringing, and the management of the child’s property.
Custody, by contrast, concerns the child’s daily care: residence, schedule, school and extracurricular activities, and in general the practical aspects of the child’s everyday life. The court may decide that custody:
- will be exercised jointly by both parents (joint custody),
- will be assigned to only one parent,
- or, in rare and exceptional cases, to a third party, when this is deemed to genuinely serve the child.
The central axis of all decisions is always the best interests of the minor. The court examines comprehensively the environment, the stability, each parent’s ability to meet the child’s needs, as well as the child’s relationship with each parent, in order to ensure that the most appropriate and protective decision will be taken.
This guide analyses what applies under the Civil Code, case law, and contemporary psychological guidelines.
Is the Child’s Opinion Taken into Account?
Yes.
According to Article 1511 CC, the court:
“takes into account the needs of the minor and, depending on the minor’s maturity, the minor’s opinion.”
The child’s opinion is not binding, but it constitutes a significant criterion. The court examines:
- Age
- Maturity
- Living conditions
- Relationship with each parent
- Possibility of manipulation
The child’s opinion is an assessment factor, but the child’s best interests prevail over any preference.
From What Age Can the Child Decide on Their Own?
Greek law does not provide a specific age at which the child “decides” with whom they will live.
Only the principle of maturity exists.
Nevertheless, case law has developed certain practices:
Ages 7–12
The child may express an opinion, but is considered very vulnerable to influence.
Its view is taken into account, but not decisively.
Ages 12–14
The child is considered capable of expressing a more stable and mature opinion.
Its view may significantly influence the decision, provided there are no indications of pressure.
Ages 14–17
The child has a strong role in shaping the decision.
In the overwhelming majority of cases, courts:
- respect the child’s choice,
- consider it an indication of maturity,
- do not ignore it unless it is dangerous or a product of manipulation.
After 18
The child is an adult and chooses freely and absolutely.
How Does the Court Examine the Child’s Opinion?
The child does not express their view in front of the parents.
The procedure takes place:
✓ In a special room
✓ In the presence of a judge
✓ Often with a psychologist
✓ In a manner adapted to the child’s age
The purpose is for the child to freely express:
- Where they feel safe
- What daily routine suits them
- What relationship they have with each parent
- Whether there is anxiety or pressure
What Else Does the Court Consider Beyond the Child’s Opinion?
The child’s best interests are the dominant criterion.
The court assesses:
- Each parent’s ability to care for the child
- Stability of the environment
- Financial situation
- Mental health
- Any incidents of violence or neglect
- Previous involvement in the child’s life
- The child’s relationship with siblings
- Distance between school and residence
The child’s preference is taken into account only insofar as it aligns with their best interests.
Can the Child Request a Change of Custody?
Yes, but not directly.
The procedure is as follows:
- The child informs the parent who has custody
- The parent applies to the court
- The court examines the request
- The court takes the child’s opinion into account depending on the child’s age
Custody is not changed simply because “the child wants it”, but because the court considers that such a change serves the child’s best interests.
Joint Custody and the Role of the Child’s Opinion
Law 4800/2021 promotes:
- Joint custody
- Joint exercise of parental responsibility
- Contact of the child with the other parent for 1/3 of the time
However, if the child clearly states that:
- they fear a parent,
- there is a negative climate,
- they feel pressure,
then the child’s view has decisive importance regarding whether custody will be modified.
FAQ – Frequently Asked Questions
From what age does the child decide?
There is no statutory age. The opinion is taken into account depending on maturity, usually more strongly from ages 12–14.
Can the child’s opinion determine custody?
It can greatly influence the outcome, but it is not the sole factor. The court decides based on the child’s best interests.
Can a child aged 14–16 say where they want to live?
Yes, their opinion carries significant weight, but it is always examined for possible influence.
What if the parents argue and the child feels conflicted?
The child is heard by the judge and specialists to establish their true will.
Can the child change their preference later?
Yes, the court may modify the arrangement if it considers that the new request serves the child’s best interests.
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.
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