Parental responsibility is one of the most important rights and duties of parents towards their minor child. It is not merely a parental power, but a function that must be exercised exclusively in the best interests of the child.
Under Greek law, the restriction or removal of the exercise of parental responsibility does not occur automatically and cannot be effected by a simple statement of the other parent. It is a serious judicial intervention, ordered only where specific conditions are met and where the court considers it necessary for the protection of the child.
What Is Parental Responsibility?
Under the Greek Civil Code, parental responsibility for a minor child is both a duty and a right of the parents. Parental responsibility includes three main elements:
- custody of the person of the child,
- administration of the child’s property,
- representation of the child in matters, legal acts or proceedings concerning the child’s person or property.
Custody of the person includes, in particular, the upbringing, supervision, education, schooling and determination of the child’s place of residence.
As a general rule, parental responsibility is exercised by both parents jointly and equally. Following separation, divorce or cessation of cohabitation, joint exercise does not automatically cease. Any different arrangement must be made either through a valid agreement between the parents or by court decision, in accordance with the child’s best interests.
For children born outside marriage, specific rules apply, especially in cases of recognition of paternity, and each case must be assessed on its particular facts.
Restriction, Removal and Assignment: What Is the Difference?
In practice, the phrase “loss of parental responsibility” should not be used broadly without distinction. The court may order different measures depending on the seriousness of the case.
Restriction of the exercise of parental responsibility means that the parent continues to hold parental responsibility, but its exercise is limited to specific areas or made subject to specific conditions.
Removal of the exercise of parental responsibility or custody, in whole or in part, is a more severe measure. It may concern parental responsibility as a whole or only certain aspects, such as custody or specific decisions relating to the child.
Assignment to a third person or appointment of a guardian may be considered especially where the issues concern both parents or where milder measures are insufficient to protect the child.
When Can the Court Intervene?
The key provision on the consequences of poor exercise of parental responsibility is Article 1532 of the Greek Civil Code. The court may order any appropriate measure where the father or mother:
- breaches the duties imposed by his or her parental function,
- exercises parental responsibility abusively,
- is unable to respond to its exercise.
Judicial intervention is not punitive in nature. Its purpose is not to “punish” the parent, but to protect the child. The critical question is whether the parent’s conduct or inability harms or endangers the child.
Indicative Cases of Poor Exercise of Parental Responsibility
The law indicatively refers to certain behaviours that may constitute poor exercise of parental responsibility. This is not a closed list, but it includes key situations which the court assesses in light of the facts of each case.
Non-Compliance with Court Decisions or Agreements
Poor exercise may consist of a parent’s culpable non-compliance with court decisions, prosecutorial orders or valid agreements between the parents concerning the child.
Repeated breach of arrangements concerning custody, contact, place of residence or other important matters may lead to judicial review of the manner in which parental responsibility is exercised.
Obstruction of the Child’s Relationship with the Other Parent
The law treats seriously the conduct of a parent who disrupts the child’s emotional relationship with the other parent or that parent’s family, or in any way causes a rupture in those relationships.
Similarly, culpable breach of contact arrangements or systematic obstruction of the child’s contact with the parent with whom the child does not reside may justify judicial intervention.
However, caution is required. A general allegation of “alienation” or “obstruction” is not sufficient. Specific facts, evidence and assessment of the parents’ overall conduct are required.
Poor Exercise or Failure to Exercise the Right of Contact
Poor exercise may exist not only where one parent obstructs contact, but also where the parent entitled to contact exercises that right in a manner harmful to the child or culpably fails to exercise it.
Contact is not merely a right of the parent. It is also the child’s right to maintain a meaningful relationship with his or her parent, provided that this is not contrary to the child’s best interests.
Unjustified Refusal to Pay Child Support
Failure to pay child support does not automatically lead to removal of parental responsibility. However, unjustified refusal to pay child support awarded by a court or agreed between the parents is expressly referred to by law as conduct that may be assessed as poor exercise of parental responsibility.
The court examines whether the failure to pay is due to genuine inability or to conscious and unjustified disregard for the child’s needs.
Domestic Violence and Serious Criminal Offences
A particularly serious case is the conviction of a parent, by final court judgment, for domestic violence or for offences against sexual freedom or offences of economic exploitation of sexual life.
In such cases, the court may remove from the culpable parent the exercise of parental responsibility or custody, in whole or in part, and may order any appropriate measure to safeguard the child’s interests.
Beyond the civil aspect, domestic violence cases may also involve criminal proceedings, which must be assessed separately.
Serious Neglect or Exposure of the Child to Danger
Serious neglect of the child’s basic needs, such as health, education, safety, daily care and protection from a dangerous environment, may lead to restriction or removal of the exercise of parental responsibility.
Not every disagreement between parents on matters of upbringing is sufficient. The court examines whether there is a real and serious failure in the exercise of the parental function and whether this substantially affects the child.
Addiction, Mental Illness or Objective Inability of the Parent
Addiction, mental illness or another serious difficulty does not by itself lead to removal of parental responsibility. The critical issue is whether, because of that condition, the parent is unable to meet the child’s needs or whether the exercise of parental responsibility endangers the child.
The court must examine the actual circumstances, any therapeutic progress, the available support environment, medical or social evidence and, above all, the child’s needs.
Imprisonment or Criminal Involvement of a Parent
Imprisonment of a parent does not automatically entail removal of parental responsibility. It may, however, create a practical or substantive inability to exercise custody or may be connected with facts that make judicial intervention necessary.
The court examines the nature of the offence, the duration of detention, the parent’s relationship with the child, the existence of any risk and the possibility of maintaining a safe and meaningful relationship with the child.
Who May Request Court Intervention?
Under Article 1532 of the Greek Civil Code, measures due to poor exercise of parental responsibility may be requested by:
- the other parent,
- the child’s closest relatives,
- the public prosecutor.
In practice, social services, schools, medical services or other bodies may inform or activate the competent authorities, especially where there are indications of risk to the child. This does not mean, however, that every body has the same procedural standing as the persons expressly entitled to apply.
Procedure and Evidence
These cases require careful preparation. The court may consider documents, witness testimony, school or medical records, social service reports, previous court decisions, prosecutorial orders, agreements between the parents, communication records and any other evidence that assists in assessing the child’s best interests.
The child’s opinion must be sought and taken into account according to the child’s maturity. There is no absolute general rule that the child is heard only after a specific age. What matters is the child’s age, maturity, emotional condition and the circumstances of the specific case.
Urgent Cases and the Role of the Prosecutor
In exceptionally urgent cases, where there is an immediate risk to the physical or mental health of the child, the public prosecutor may order any appropriate measure for the child’s protection until a court decision is issued.
The prosecutor’s intervention is temporary and protective in nature. The matter must be brought before the competent court within the time limits provided by law.
What Happens after Restriction or Removal
If the exercise of parental responsibility or custody is removed from one parent, it may be assigned exclusively to the other, provided that this serves the child’s best interests.
If grounds exist in relation to both parents, the court may assign actual care or custody, in whole or in part, to a third person or appoint a guardian. Complete removal from both parents and assignment to a third person is a particularly serious measure and is ordered where other measures are insufficient to protect the child.
Can a Decision on Parental Responsibility Be Reviewed?
Yes. A decision concerning parental responsibility is not immutable. If circumstances change, the court may revoke or modify a previous decision in accordance with the child’s best interests.
Following the recent amendment of Article 1536 of the Greek Civil Code, temporary modification of a final decision is also possible even where an appeal has been filed, if this is required by the child’s best interests. This is an important provision, particularly in cases where circumstances change rapidly and immediate adjustment is needed pending the appellate court’s decision.
Frequently Asked Questions (FAQ)
Is parental responsibility automatically lost after divorce?
No. Divorce or separation does not automatically lead to loss of parental responsibility. As a general rule, parents continue to exercise it jointly and equally, unless there is a valid different arrangement or a court decision.
Are parental responsibility and custody the same?
No. Custody is part of parental responsibility. Parental responsibility also includes administration of the child’s property and representation of the child.
Can only custody be removed, rather than all parental responsibility?
Yes. The court may order partial or specific measures depending on the case. It may restrict or remove a specific aspect of the exercise of parental responsibility without necessarily removing it in full.
Can I lose parental responsibility if I do not pay child support?
Failure to pay child support does not automatically entail removal of parental responsibility. However, unjustified refusal to pay child support that has been awarded or agreed may be assessed as poor exercise of parental responsibility.
Is the child heard by the court?
The child’s opinion must be sought and taken into account according to the child’s maturity. There is no absolute age threshold applied mechanically in all cases.
Can obstruction of contact lead to a change in parental responsibility?
Yes, provided that culpable and serious obstruction of contact or disruption of the child’s relationship with the other parent is proven. The court examines the specific facts and the child’s best interests.
Is removal of parental responsibility final?
Not necessarily. If circumstances change, revocation or modification of the decision may be requested so that the arrangement is adapted to the new reality and to the child’s best interests.
What is the role of the social service?
The social service may play an important role in assessing the child’s living and care conditions, especially through a social inquiry or report. Such a report is taken into account by the court, without being absolutely binding.
Conclusion
Cases involving restriction or removal of parental responsibility are among the most sensitive matters in family law. They are not decided on general impressions or on the intensity of the dispute between the parents. They are decided on the basis of facts, evidence and, above all, the child’s best interests.
Our office undertakes legal assessment and court representation in cases concerning parental responsibility, custody and contact, with seriousness, discretion and full respect for the sensitivity of family disputes.
This article is for informational purposes only and does not constitute legal advice. Each case requires an individual assessment, based on its specific facts and the applicable legal framework. For tailored legal advice, please contact our office.
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