Mother Loses Custody. The Decision that Protects the Child's Best Interests

In a significant decision by the Larissa- Greece, Single-Member Court of First Instance, the custody of a minor child was removed from the mother following a lawsuit filed by the father (Decision 135/2015).

Case Background

The parents, both members of large families and officers in the military, were married through an arranged marriage and had a child who is currently in the second grade of primary school. The mother had a strong emotional dependency on her relatives, particularly her own mother, who significantly influenced her family life. Additionally, she suffers from health issues, such as a form of epilepsy or chronic depression.

By decision number 135/2015 of the Larissa Single-Member Court of First Instance, the marriage was dissolved due to over two years of separation. The father's communication with the child was regulated by decision number 160/2014 of the same court.

Complaints and Decisions

Between May and July 2016, the mother reported incidents of abuse of the child by the father, which, however, were not substantiated by expert reports and assessments. Following a motion for interim measures, the mother requested the prohibition of the father's communication with the child, but her allegations were deemed unsubstantiated, and a temporary order was issued prohibiting the communication.

Court's Judgment

The court concluded that the mother desired sole parental custody for professional benefits. With the assistance of the grandmother, she fabricated incidents of abuse, exploiting the child's emotional vulnerability. This practice was considered a severe violation of parental duties and an abusive exercise of parental responsibility.

The Child's Best Interests

Due to the mother's weak will and dependence on her parents, she was deemed unfit to exercise parental responsibility. In contrast, the father, for whom the child still shows affection and love, was considered suitable to undertake exclusive parental responsibility.

Legal Framework

According to articles 1513, 1510, 1511, 1512, 1514, and 1518 of the Civil Code, as amended by Law 4800/2021, parental responsibility is a right and duty of the parents and is exercised according to the best interests of the child. Article 1532 of the Civil Code lists cases of poor exercise of parental responsibility, such as the violation of parental duties and the abusive exercise of their role.

Conclusion

The court of first instance correctly judged the removal of parental responsibility from the mother and its assignment to the father, based on the child's best interests as defined by law.

Sources

• Civil Code (Law 4800/2021)
• Larissa Single-Member Court of First Instance Decision 135/2015
• Larissa Single-Member Court of First Instance Decision 160/2014

This decision highlights the importance of protecting the mental and physical well-being of children, ensuring they are under the care of the most suitable parent.