Joint Custody in the Greek Legal Order: The Framework of Law 4800/2021
Law 4800/2021 brought a fundamental shift to Greek Family Law, moving the focus from “sole custody” to the joint exercise of parental responsibility. This reform does not only affect divorces but radically reshapes the legal status of children born out of wedlock.
The Concept of Joint Custody as a Legal Presumption
Under the new framework, joint custody is established as an ex lege (by law) obligation and right. Parental responsibility includes custody (upbringing, supervision, education, place of residence), the administration of the child’s property, and legal representation. These duties now belong to both parents equally, regardless of the termination of their cohabitation.
Children Born Out of Wedlock: The Overhaul of Article 1515 of the Civil Code
The most significant change concerns children born outside of marriage. Previously, parental responsibility belonged exclusively to the mother. Under the new regulation:
- Voluntary Recognition: A father who recognizes the child voluntarily (or via a lawsuit initiated by him) automatically acquires parental responsibility, which he exercises jointly with the mother.
- Judicial Recognition (Contested): If paternity is established judicially following the father’s refusal, he does not acquire responsibility automatically. However, he may petition the court, which will decide based on the best interests of the child.
The Presumption of Contact Time (1/3)
The law introduces a rebuttable presumption that the parent who does not reside with the child is entitled to contact corresponding to one-third (1/3) of the child’s total time.
- Contact includes physical presence and overnight stays at the parent’s residence.
- The court may deviate from this percentage only if necessitated by specific living conditions or the child’s best interests, always ensuring the stability of the child’s schedule.
Joint Decision-Making on Major Issues (Article 1519 CC)
Joint agreement between both parents is required for:
- Naming and religious upbringing.
- Serious health matters (except emergencies).
- Educational issues that decisively affect the child’s future.
- Change of residence that materially affects contact rights.
Mediation and the Ancillary Role of the Court
The legislator prioritizes parental agreement. In case of disagreement, recourse to mediation is mandatory. The court intervenes only as a last resort when cooperation is impossible due to systematic disagreement, parental indifference, or the improper exercise of duties (e.g., failure to pay maintenance, obstruction of contact).
Conclusion
Joint custody requires parents to set aside personal disputes. The capacity for cooperation is the “barometer” that determines the court’s stance. The goal of the new law is not mathematical equality between parents, but ensuring that the child continues to be raised by both, in an environment of stability and respect.
