Parental Custody - The Critical Decisions You Must Make Together - What the New Law and Court Decisions Say
According to Article 1519 of the Civil Code, as amended by Law 4800/2021, when custody is exercised by one parent or has been divided between the parents , they must cooperate to make decisions on some basic and important issues. Let's see in detail what the law provides and how it affects the daily life of parents and children, as well as examples from Greek court decisions.
Key Issues Requiring Co-decision
- Naming the child
- The choice of the child's name must be made jointly by both parents. This also applies to any name change in the future.
- Creed
- The decision about the child's religion must be made jointly. Despite opinions that argue that the child should choose for himself when he matures, the law requires the joint decision of the parents. If they cannot agree, the court may choose not to enroll the child in a religion until the child is mature.
- Health
- For serious health issues, such as surgery or child psychiatric follow-up, parents must decide together. Current health issues, such as daily medical appointments, can be decided by the custodial parent.
- Education
- Decisions that significantly affect the child's future, such as the choice of school (public or private), must be made together. Enrollment in the school is compulsory and does not require co-decision , unless it is a private school.
Examples from Greek Courts
Naming Decision
In a case heard at the Court of First Instance of Athens, the parents disagreed over the name of their child. The mother wanted to give her father's name, while the father preferred his brother's name. The court decided that a common place should be found and suggested a name not related to any of the relatives.
Decision on Religion
In another case, the Single-member Court of First Instance of Thessaloniki was asked to decide on the religion of a child when his parents, who had divorced, could not agree. One parent was Orthodox and the other Catholic. The court decided that the child should not join a religion until he was old enough to choose for himself.
Decision on Health Matters
At the Piraeus Court of Appeal, a case was heard where the father wanted the child to undergo a preventive surgery, while the mother was against it. The court ruled in favor of the mother, ruling that the operation was not immediately necessary and that the decision could wait until consent was reached.
Decision on Education
In a case heard at the Court of First Instance of Heraklion, the parents disagreed on the choice of private or public school for their child. The court decided that public school enrollment was the best solution temporarily, until both parents could jointly decide on private school.
Exceptions and Special Cases
The law includes some exceptions in which the co-decision of the parents is not required:
- Removal of custody : When custody has been removed from one parent due to bad practice (article 1532 AK).
- Inability to exercise custody : In cases where a parent cannot exercise custody for legal or factual reasons.
- Recognition of a child out of wedlock with litigation : When the child has been judicially recognized by the father without the consent of the mother.
What Happens If There Is No Agreement?
If the parents cannot agree on the important issues concerning the child, the decision should be made by the court. Article 1512 of the Civil Code provides for this procedure, providing a solution when there is a dispute.
Why Co-decision is Important
Cooperation and joint decision-making on important issues ensure that both parents are actively involved in their child's life and future, even after a divorce or separation. These decisions significantly affect the child's development and well-being, and the parents' joint participation in these decisions is essential for the child's well-being.