In this interim measures judgment (Athens Single-Member Court of First Instance 554/2023), the court found it likely that it was in the best interest of the parties’ minor daughter to provisionally award sole custody to the applicant father, while regulating ex officio her contact with her mother.
According to the court’s assessment, although the minor’s mother diligently performs her duties, she has recently been cohabiting with her partner, who has moved into the home where the parties’ minor daughter also resides. The partner is likewise divorced and the father of two children, with whom he maintains visitation rights during which his children spend the night at the applicant-respondent’s home. The parties’ minor daughter is obliged to share her space and time with them, without however having developed a closer interpersonal relationship with either the children or their father, a circumstance that was found likely to cause discomfort and irritation to the minor.
The court found, on the balance of probabilities, that the minor’s father treats her with affection, takes an interest in her wishes and needs and looks after her. It also established that the minor feels happy and calm on the days she spends with her father, at whose home she already has her own room. In light of the above, it was deemed likely that it was in the best interest of the parties’ minor daughter to provisionally award sole custody to the applicant father.
The court has discretion to order any appropriate interim measure dictated by the circumstances; if it considers that an urgent case exists, it may regulate the matter ex officio, within the framework of regulating the custody of minor children, that is, even without a relevant request being submitted by the parents, provided that the regulation of contact is required for reasons relating to the child’s interest. Thus, despite no relevant request being submitted by the minor’s mother, the court considered it necessary, in order to avoid further escalation of the parties’ dispute, to regulate the above matter in a manner beneficial to the parties’ minor daughter.
Furthermore, in order to achieve the purpose of the mother’s right of contact with her minor daughter, the court held that this right of contact should be exercised on the days when the mother’s partner is not exercising his right of contact with his own children, so that the mother can devote uninterrupted time to her minor daughter, thereby fostering their relationship. The court, also taking into account the mother’s financial means and personal situation, set the amount of her contribution to the minor’s maintenance, an amount which she was ordered to pay to the father, in his capacity as the parent provisionally exercising custody of their minor daughter, who will henceforth reside with him.
- See also article Revocation of Interim Measures Judgment
- See also article Divorce
- See also article Relocation of Family Home
- See also article Joint Custody of Child
- See also article Child Maintenance — Methods of Collection
- See also article Child Custody and Abduction
- See also article Change of City of Minor Children
- See also article Surrogate Mother — Court Authorisation
FREQUENTLY ASKED QUESTIONS ON JUDGMENTS AWARDING SOLE CUSTODY TO THE FATHER
1. When is sole custody awarded to the father?
The award of sole custody to the father is decided on a case-by-case basis and always with the best interest of the child as the guiding principle. In this particular case, the Athens Single-Member Court of First Instance held that the mother’s cohabitation with a new partner and his children was causing discomfort and irritation to the minor, while her father offered a stable and calm environment with her own room. The court weighs the living conditions, the emotional state of the child, the child’s relationship with each parent and each parent’s ability to meet the child’s needs, without automatically favouring either parent.
2. What can I do as a father to claim custody?
The father may file an application for interim measures seeking the provisional award of custody, either simultaneously with or prior to the main custody lawsuit before the Single-Member Court of First Instance. Interim measures aim at immediate regulation where an urgent case exists, while the final ruling is delivered through the ordinary procedure. The application sets out the reasons that make the award beneficial to the child, the living conditions offered by the applicant and his substantive relationship with the child. At the same time, regulation of contact with the mother and the determination of the maintenance she must pay can be requested.
3. How long does the custody award procedure take?
The interim measures procedure is relatively short: the hearing is usually scheduled within a few weeks to a few months from filing, while the judgment is generally issued within one to three months after the hearing. In genuinely urgent cases, a temporary restraining order may be requested, which is issued the same or the following day. The main custody lawsuit follows the ordinary procedure and takes considerably longer, usually one to two years until a final judgment is issued, depending on the court’s caseload.
4. What documents and evidence do I need?
The applicant should gather the child’s birth certificate, a family status certificate, any previous court judgments, evidence of the applicant’s residence and employment, tax assessment notices, as well as documents reflecting the child’s school and medical history. The role of witnesses — relatives or teachers who can testify about the father-child relationship and the living conditions — is decisive. Psychological reports, photographs of the child’s living space and any evidence substantiating the suitability of the parental environment offered by the applicant are also useful.
5. What are the chances of success of the father’s application?
There is no a priori advantage for either parent. The court examines exclusively the child’s interest, weighing the stability of the environment, the emotional relationship with each parent, the child’s age and opinion when sufficiently mature. Factors such as a turbulent environment in the mother’s home, the presence of third parties that disrupt the child’s peace of mind, the mother’s inability to dedicate time, or, conversely, the stable and supportive presence of the father, increase the likelihood of an award. Each case is judged on its actual facts, without generalised conclusions.
6. What is the role of the lawyer in a custody case?
The lawyer assesses the factual circumstances, designs the procedural strategy and selects the appropriate procedure, whether interim measures or an ordinary lawsuit. The lawyer drafts the application with substantive documentation of the child’s interest, prepares the witnesses, gathers the evidentiary documents and represents the parent at the hearing. At the same time, the lawyer handles related matters of contact regulation, maintenance and relocation of the family home. Our firm has extensive experience in family law cases before the Athens Single-Member Court of First Instance, with particular specialisation in custody award matters and in handling complex family situations.